Globe Indemnity Co. v. Industrial Accident Commission

This application for a writ of certiorari to review an award of the Industrial Accident Commission against the petitioner is denied upon the following considerations:

It is conceded, by petitioner that Roberts was so in the course of his employment at the time he sustained the injury, but it contends that this injury did not arise out of the employment.

We take the opposite view, and hold that it did arise out of his employment.

The general rule is laid down very clearly in Kimbol v. Industrial Accident Commission, 173 Cal. 351 , [Ann. Gas. 1917E, 312, L. R. A. 1917B, 595, 160 Pac. 150 ], thus: “The injury arises out of the employment when there is apparent to the rational mind upon consideration of all the circumstances a -causal connection between the conditions under which the work is required to be performed and the resulting injury.”

The conditions under which the work here was required to be performed took Roberts upon the street. He was subjected to the perils of the street in the course of such employment in exactly the same manner as that in which a factory hand is subjected to the dangers of the factory while in the course of his employment. There is a direct causal…