Leonard Van Stelle, Inc. v. Industrial Accident Commission

This case involves the single question of whether applicant for workmen’s compensation, a real estate saleswoman, was, at the occasion of her injury, pursuant to the requirements of Labor Code section 3600, “performing service growing out of and incidental to [her] employment.” We shall point out that when applicant undertook a trip for the purpose of inspecting a piece of property for the real estate agency by which she was employed she assumed the status of a ‘ ‘ commercial traveler ’ ’; the injury which she suffered while seeking dinner upon her return journey occurred within the statutory definition of the scope of her employment.

Applicant, Mrs. Lorene Hartman, was employed the latter months of 1960 by Van Stelle, Inc., as a licensed real estate saleswoman in San Diego. Van Stelle, Inc., compensated her on a commission basis. A Mr. Leonard had indicated to the firm that he was interested in selling some ranch property located in the Lucerne Valley. On December 24th applicant discussed the Leonard property with Mr. Van Stelle, and they decided that, since the office would be closed on December 26th (a holiday), she should visit the property on that day.

Mrs. Hartman left San…