Trussless Roof Co. v. Industrial Accident Commission

But one question is presented by these five proceedings to annul as many awards made by the respondent Commission. A collision between an interurban car and a passenger automobile containing five homeward bound employees of the petitioner, Trussless Roof Company, resulted in injuries to all five. The question presented is, Were these injuries compensable under the Workmen’s Compensation, Insurance and Safety Act of 1917 (Stats. 1917, p. 831) ? The respondent Commission had jurisdiction to make the affirmative answer they did.

Without tracing the steps whereby the principle has been developed, it suffices to note that it is now established that injuries received by an employee,- while making use of transportation furnished by and under the control of his employer, as such, are compensable under the Workmen’s Compensation Act, though the employee at the time was not at work but was going to or from the place of employment. (Dominguez v. Pendola, (1920) 46 Cal. App. 220 [ 188 Pac. 1025 ], and a multitude of cases reviewed in the notes found in 10 A. L. R. 169, 21 A. L. R. 1223, 24 A. L. R. 1233, and 62 A. L. R. 1438.) The use of the words “as such” is necessary because courtesy…