STATE COMPENSATION INS FUND v. INDUSTRIAL ACCIDENT COMMISSION

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District Court of Appeal, Second District, Division 2, California.

STATE COMPENSATION INS. FUND et al. v. INDUSTRIAL ACCIDENT COMMISSION et al.

Civ. 10030.

Decided: January 17, 1935

F. Britton McConnell, of Los Angeles, for petitioners. Everett A. Corten and Emmet J. Seawell, both of San Francisco, for respondent commission.

Respondent Phillips in May of 1933 applied to respondent county's welfare department for work which was “relief work only and for charitable purposes.” After an investigation into his financial status, the county gave Phillips a relief work order and assigned him to work wrecking an elementary school building under a foreman employed by petitioner school district. While so working, he received an injury for which award was made. Payment for such labor was by the county from funds furnished at least in part by a federal agency for relief work projects. Petitioner school district did not select the men, fix their hours or pay or number of days work.

Under the facts, respondent Phillips was not an employee under the Workmen's Compensation Act (St. 1917, p. 831, as amended). McBurney v. Industrial Accident Commission, 220 Cal. 124, 30 P.(2d) 414; County of Los Angeles v. Industrial Accident Commission (Cal. App.) 38 P.(2d) 828. He was not an employee of the school district, and under the cited cases the award is illegal.

Award annulled.

SCOTT, Justice pro tem.

We concur: STEPHENS, P. J.; CRAIL, J.