Department of Water & Power v. Industrial Accident Commission

The respondent, an employee of a municipal subdivision of the city of Los Angeles, was injured in the course of his employment. Pursuant to application and hearing before the respondent Commission which resulted in an award based upon wages of $28 per week, a petition for rehearing was denied. The employer thereupon petitioned for a writ of certiorari to review the same.

It is conceded that the employee was engaged for a stated period of thirty days at the rate of $4 per day, and that he received injuries on or about the twentieth day of his employment by falling backward from loose boards provided as steps which he was required to ascend in carrying packages. Said injury was found to have caused temporary total disability continuing more than thirty days thereafter. It is contended by the petitioner that compensation should not he allowed on the basis of $28 per week, under the evidence and section 12 of the Workmen’s Compensation Act.

Subsections 1, 2 and 3 of section 12 (a) of said statute provide that if earnings be irregular or specified to be by the week, month or other period, as a basis the average weekly earnings of the employee who has worked at least 260 days of the…