Gernhardt

Gernhardt v. Industrial Accident Commission

Good Law
1919 Cal. App. LEXIS 898·43 Cal. App. 484·185 P. 307
Court of Appeal of CaliforniaOctober 8, 1919Civ. No. 3078.California951 words

Opinion

Lead Opinion

James, J.

Certiorari. Petitioners here were the respondents before the Industrial Accident Commission. The commission, upon the application of Mrs. Emma Ottesen, made its order requiring petitioners to make certain payments of money for which they were found liable under the provisions of the Workmen’s Compensation and Insurance Act. By this proceeding petitioners seek to have the award annulled on the ground that no legal authority. existed under the showing made to support the action of the commission. The respondent, Emma Ottesen, who was employed at a sanitarium which petitioners were conducting, slipped upon a wet floor on the premises of petitioners and fell, sustaining a fracture or sprain, or both, of the left forearm. Mrs. Ottesen was employed as a maid, her duties consisting of what is known as general housework, in addition to which she attended upon patients in the sanitarium. The petitioners lived in the same building and the place answered to a residence for them, as well as a sanitarium for the conduct of the business in which they were engaged.

[1] Answering first one of the objections of the petitioners, we are of the opinion that the service for which Mrs. Ottesen was…

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