County of Los Angeles v. Industrial Accident Commission

An award was made by the Industrial Accident Commission against the petitioners and in favor of Caroline Wolhaupter for injuries sustained by her while serving as inspector at the election held in November, 1926. Mrs. Wolhaupter had been regularly appointed as such inspector by the board of supervisors of Los Angeles County to serve at the polling place in Precinct No. 44 in the city of Santa Monica. A small real estate office was used as the polling place. In due time the work of counting the ballots commenced and continued all night until about 4:30 the next morning, when one of the lady members of the election board fainted. No water had been provided on the premises. In order to restore the lady who had fainted to consciousness, ,Mrs. Wolhaupter went to the lot of an adjoining oil station to get water from a faucet, a practice which had been followed during the day. In the darkness she walked into a service pit on this lot and suffered a broken collar-bone and other injuries. Petitioners now seek to annul the award made for these injuries.

Petitioners first contend that Mrs. Wolhaupter was not an employee of the county of Los Angeles within the meaning of the Workmen’s…