City of Los Angeles v. Industrial Accident Commission
Opinion
lead Opinion
James, J.
Certiorari to review an order of the Industrial Accident Commission allowing compensation to Thomas Meehan, who was a claimant against the city of Los Angeles alleging that he had been injured while in the employ of that municipality. Meehan acted as judge of an election board at a municipal election held in the city of Los Angeles on the sixth day of June, 1916. After the ballots were counted by the board, Meehan, using his own automobile, took the election returns and was proceeding to the city hall, where he proposed tó deliver them to the proper officer. While'so engaged Ms "automobile was struck by another motor ear and by reason of the impact Meehan was thrown from his seat and injured. It was upon this state of facts, related briefly as above, that the commission made its award for compensation.
It is the contention of the city of Los Angeles, appearing here as petitioner, (1) that Meehan was not its employee within the meaning of the Workmen’s Compensation, Insurance and Safety Act; (2) that if it is determined that the relation of employer and employee existed at the time the injury was suffered, the employment was both casual and not in the usual course of the trade and…