Yucaipa Farmers Cooperative Ass'n v. Industrial Accident Commission

MOORE, P. J.

A writ of review was heretofore issued under the apprehension that at the time she received her injuries respondent Rosetta Fennell was an employee of respondent Thompson and not of Yucaipa Farmers Cooperative Association, hereinafter referred to as Yucaipa. Upon a more thorough study of the case we have derived a different conclusion.

June 21, 1941, Mrs. Fennell accompanied by her husband and Mr. and Mrs. Beatty called at the office of Yucaipa in quest of employment to pick cherries. They were told by the party in charge that Yucaipa had no need of laborers but that Mr. Thompson needed some pickers on the Kuffel ranch. The group then proceeded to the Kuffel ranch where they found respondent Thompson. He told them that he was foreman for the association; that Yucaipa was doing the picking; that he was gathering the cherries for Yucaipa; that he was in charge; that he was not “contracting these cherries himself . . . that' he was merely a foreman for the Yucaipa people.” He then stated that it was necessary for him to ascertain whether Yucaipa had the barrels for the cherries. After having his inquiry satisfied at the office of Yucaipa, Thompson returned with the Fennells and Beattys to the orchard and put them to work. ■ • • •

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After Mrs. Fennell had worked for a short time, she suffered some physical injuries while picking cherries. She endured pain and discomfort during her ten days on the Kuffel farm, but did not abandon her work. About fourteen days after the accident at Thompson’s suggestion, Mrs. Fennell called on Yucaipa and inquired whether or not they would pay her doctor’s bill incurred as a result of her injuries. She was there told that payment would not be made for the reason that she had waited too long. The employment of Mrs. Fennell and her' associates continued for about ten days, during which time Mr. Thompson supervised all of their activities and paid them in the orchard with cash at the termination of their employment.

Mr. Homer T. Hill, assistant manager of Yucaipa, was called to the stand after the testimony of Mrs. Fennell and her associates had been received. He testified that the executor of the Kuffel estate had taken out a membership in Yucaipa; that he had requested Yucaipa to supervise the harvesting of the crop on the Kuffel estate so that the association “could pick it up and deliver it at the plant and then sell it or haul it to the commisison men here in Los Angeles’’; that Yucaipa had contracted with Thompson to gather the Kuffel cherries and agreed to pay him 2% cents per pound for harvesting the crop; that Yucaipa officials did not know anything about who was employed by Thompson or how much they were paid; that Yucaipa had no interest or control over his disposition of the moneys to be paid him for harvesting the cherries.