Clark v. Industrial Accident Commission

Caution
129 Cal. App. 536·1933 Cal. App. LEXIS 1127·19 P.2d 44
Court of Appeal of CaliforniaFebruary 9, 1933Docket No. 4845.California1,519 words

Opinion

Lead Opinion

Pullen, J.

The petitioner asks this court to review that portion of the findings and award entered by the In dustrial Accident Commission in a proceeding which holds specifically that defendant employer was not covered by the terms of a compensation insurance policy issued to him by the State Compensation Insurance Fund.

The admitted facts are that Clark Brothers were the owners of a grain harvester which they used not only to harvest their own crops but also the crops of their neighbors. Among others they harvested the crops of Howard Clark. Howard Clark had no interest in the harvester, but by agreement with Clark Brothers he was given the privilege of selecting one of the two sack bucks on the outfit, and during the time the harvester was working on his ranches he paid the wages of the sack buck he had selected. The duties of the sack buck are to follow the harvester in the field and gather the sacked grain as it is dropped from the harvester and take it to the warehouse or other point designated by the owner. Under such agreement Howard Clark selected his nephew Irwin Clark, the petitioner herein, as sack buck. Irwin Clark was a young man residing with his father at Montieello, which is…

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