Hall v. Industrial Accident Commission

'JAMES, J.

By this proceeding there is presented to the court for review an award made by the Industrial Accident Commission, together with the evidence heard in support thereof. One Ramgren made application under provisions of the Workmen’s Compensation Act (Stats. 1913, p. 279, as amended by Stats. 1917, p. 831) to secure an order allowing to him compensation on account of injuries alleged to have been suffered while in the employ of petitioner. An award was ordered by a majority of the commissioners,

[79]

the third member dissenting therefrom. It is insisted that the award cannot be sustained for two principal reasons: (1) Because Ramgren was, at the time he was injured, acting not as the employee of Hall but as an independent contractor; (2) conceding that Ramgren was such employee, that the act which he was engaged in doing was one wholly outside of the discharge of any duty owing to or required of him by his employer.

[1]

Under the undisputed facts as the record shows them to be, we are of the opinion that the commission erred in its decision, and that the award cannot be allowed to stand. Petitioner Hall was a rancher and dairyman. As a dairyman he produced a considerable quantity of milk which he daily transported from his dairy in Lankershim to a creamery in the city of Los Angeles. Some of the neighboring ranchers were also engaged in the dairy business. Prior to the time that Ramgren began to haul petitioner’s milk, petitioner had it transported through the agency of a person who was doing truck service between Lankershim and Los Angeles. This person sold his business to a second one and the latter continued to carry it on for a short while when, being unable to keep up payments which he had agreed to make to his predecessor on account of the purchase of a motor-truck, he abandoned the business. Petitioner arranged to purchase that truck, but, so far as the record shows, did not operate it in handling the milk. Ramgren owned a motor-truck and for a number of months— eight or more—had engaged in doing hauling for ranchers and any other persons who might be desirous of securing his services. Petitioner, about October 1, 1920, made a contract with Ramgren to have the latter haul the former’s milk daily to Los Angeles. The price agreed upon for the service was nine dollars if one load was hauled and delivered, and fourteen dollars if two trips were made on the same day. Petitioner included the milk of two of his neighbors in making up the loads and he received from them eighteen cents per can for the delivery. He stated, however, that he made no profit on account of transportation of this last-mentioned milk. On the sixth day after Ramgren commenced to haul the milk he arrived at one of the creameries at which he was to make delivery, and, finding a truck ahead of him being unloaded, started to assist the