Arper

Arper v. Industrial Accident Commission

Good Law
121 Cal. App. 240·1932 Cal. App. LEXIS 1166·9 P.2d 220
Court of Appeal of CaliforniaFebruary 24, 1932Docket No. 606.California2,421 words

Opinion

Lead Opinion

Barnard, J.

The petitioner seeks to annul an award of the Industrial Accident Commission in favor of the respondent, Thomas Gum. On September 8, 1930, Gum was employed by the petitioner and was assisting in the repair of a pump upon premises owned by the petitioner, and on that day he sustained an injury to his left hand and forearm causing an amputation thereof about six inches below the elbow-joint. After a hearing and a rehearing, the Industrial Accident Commission awarded Gum $3,484.03 as normal compensation, and finding that the petitioner was wilfully uninsured at the time, increased the award by 10 per cent, making -a total award of $3,832.43. The only defense presented by the petitioner was and is that the employment in question was excepted and excluded from the compensation provisions of the Workmen’s Compensation Insurance and Safety Act, in that it was both casual and not in the course of the trade, business, profession or occupation of the employer. The Commission found that the employment in question was not casual and that it was in the course of the trade, business, profession or occupation of the employer. The only questions presented are whether these findings are supported…

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