Federal Etc. Ins. Co. v. Indus. Acc. Com.

Good Law
90 Cal. App. 357·265 P. 858
Court of Appeal of CaliforniaMarch 23, 1928Docket No. 5922.California625 words

Opinion

Lead Opinion

Respondent George S. Von Wedelstaedt, M.D., was awarded compensation for services rendered to a man injured who was a salesman in the employment of Schlueter's, Distributors Maytag Washers, a corporation. The employee was injured while playing baseball as a member of a team known as Schlueter's Baseball Team. Their players wore uniforms furnished and paid for by Schlueter's, with the name "Schlueter's" across the breast of each uniform. This team was composed exclusively of employees of Schlueter's. The employee, one Mocabee, was playing in such a baseball team at the time of his injury, and this baseball team was organized and composed by Schlueter's solely of its own employees for two purposes, namely, (a) to advertise the employer's name and business and (b) recreation for its employees with increased morale. The Commission found as follows: "Findings of Fact. 1. Odell Mocabee, defendant employee, while employed as a salesman and baseball player on November 7, 1926, at Los Angeles, California, by Schlueter's Distributors Maytag Washers, a corporation, sustained injury occurring in the course of and arising out of and incidental to said employment as follows: While playing in a…

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