California Highway Commission v. Industrial Accident Commissionn

THE COURT.

—The following opinion prepared by Mr. Presiding Justice John F. Tyler of the district court of appeal, first district, division one, while sitting as a justice

pro tempore

of this court, is adopted as the opinion of the court:

“Certiorari

to review an award of the Industrial Accident Commission. The facts are simple and without dispute. Robert Smith was convicted of the crime of burglary in the first degree. On March 10, 1922, he was sentenced to state prison for a term of from one to fifteen years. After serving the minimum sentence of one year the board of prison directors fixed his full sentence at five years. Shortly thereafter Smith made application and was granted permission to perform work on the public highways of the state under the direction of the State Highway Commission, he being eligible for this privilege. One of the benefits enjoyed by prisoners assigned to this character of work is a credit on the sentence to be served of two days for every one day of service at highway work. Shortly after his assignment to a prison camp, chapter 316 of the laws of 1923 became effective. This act provides, among other things, for the payment of compensation to a convict for work so performed by him, and Smith received the benefits conferred by the act. On March 17, 1924, while performing his duties as a road laborer he was struck by flying fragments from an accidental explosion of a blast, causing him various and serious bodily injuries, including injuries to both of his eyes. Smith was thereupon returned to the hospital at San Quentin for treatment. Upon his discharge from the hospital he remained within the prison until he was finally paroled on account of the severe injuries he had received. His credits materially reduced the term of his sentence which was completed on June 25, 1925, at which time he was finally discharged from custody. On August 25th, following, he filed an application with the Industrial Accident Commission for disability benefits by reason of his injuries. The state insurance fund was the insurance carrier and it was joined as a defendant in the proceeding. The Commission made an award in favor

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of Smith. It provided for the payment to him forthwith of the sum of $791.52 as compensation for permanent disability, and beginning with March 10, 1926, the further weekly sum of $7.76 for a period of 138 weeks, and after the expiration of that time, the weekly sum of $4.79 for the remainder of his life. The award was made upon the theory that the relation of master and servant existed between California Highway Commission and the applicant by reason of the provisions of the act of 1923, providing for the payment by the Commission to convicts for services performed by them on the state highways. The sole question, therefore, that is here presented is whether or not a convict engaged in the performance of labor on a state highway under the provisions of chapter 316 of the laws of 1923 is an employee within the meaning of the Constitution and the Workmen’s Compensation Act. There is no provision either in the organic law or the statutes which directly includes or excludes him as such. The question, therefore, concerning what relationship exists between the state and an incarcerated convict so employed involves the proper construction to be given to the various laws relating to the subject. Section 673 of the Penal Code declares that a sentence of imprisonment in a state prison for a term less than life suspends all the civil rights of the prisoner so sentenced during his term of imprisonment. Section 1586 of the same code provides, in substance, that all convicts may be employed by authority of the prison directors under the charge of the wardens in performance of work for the state. Section 1588 charges the directors with the duty of requiring every able-bodied convict confined in a state prison to perform as many hours of faithful labor every day during the term of Ms imprisonment as shall be prescribed by the rules and regulations of the prison. Under this section, and before the passage of the indeterminate sentence law went into effect July 27, 1917, a convict who performed in a faithful manner the duties assigned to him was entitled as of right to fixed credit for good conduct. That plan was done away with by the legislature in adopting the plan of indeterminate sentence.