Dauphine v. Industrial Accident Commission

MOORE, P. J.

The question presented by this original proceeding for review is whether decedent’s surviving widow is barred from recovering compensation for the loss of her husband by virtue of the “going and coming” rule or did he receive his fatal injuries in an automobile collision while engaged on a special mission for his employer. In approaching a solution we are not unmindful of the wholesome guiding rules by which the reviewing court is not to determine the weight to be given the evidence

(Dearborn

v.

Industrial Acc. Com.,

187 Cal. 591 [203 P. 112]), or which of two opposing inferences should be drawn therefrom.

(Western Pacific R. R. Co.

v.

Industrial Acc. Com.,

193 Cal. 413 [224 P. 754].) But measured by the testing tape, to wit, whether his work reasonably necessitated his use of his automobile on the occasion of his accident (I Campbell, Workman’s Compensation p. 177), we are forced to the conclusion that decedent’s errand on the morning of his tragic collision was in prosecution of his official duties and that his resultant death is compensable.

Decedent, Everett G. Dauphine, was chief assistant to the County Forester and Fire Warden who was the head of the Department of County Forestry and Fire Warden. Such department maintained divers and numerous field offices, warehouses and parks in separate and remotely distant points within the county. His home was in Inglewood and about twelve miles from his office in the city of Los Angeles. Ordinarily he rode the trolley car and drove his automobile only when it was necessary for him to visit some public property in connection with his official duties which occurred only three or four times a month. On the 10th day of February, 1942, about 8 a.m., decedent left his home in Inglewood in his own automobile for his office.

Decedent’s duties required his supervision of finances and personnel and his inspection of camps, warehouses and parks in all nonincorporated areas. He spent eight hours each month in making such inspections. Also he was the department’s business and fiscal manager. Admittedly his “functions were broad enough to include a discretion to perform such duties

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