McBurney v. Indus. Accident Comm'n

THE COURT.

This is a proceeding to review an order of the respondent commission denying compensation to the petitioner.

In January, 1932, the petitioner applied to the bureau of county welfare of the county of Los Angeles for assistance. After due investigation he was found to be a resident of the county and entitled to the relief sought. His requirements were fixed at $41.60 per month. From that time until April 11, 1933, he was given aid through the county welfare department. That aid took various forms. He was given groceries at irregular intervals from January 21, 1932, until April 11, 1933. At numerous times he received contributions of cash or its equivalent in rent. Commencing on January 26, 1932, also at irregular intervals, he was given work orders, covering a working period of about forty-five days, the last one being dated December 17, 1932. By arrangement between the bureau of county welfare and other public agencies in the county, men who received work orders from the bureau were sent out to perform work for the period indicated on the card, and usually under the joint supervision of the representatives of the bureau and such other public agencies. When the last work card was issued to the petitioner he reported to a city foreman of the City of Monrovia and was assigned to assist in clearing out a drainage ditch in said city. The work performed on this project is described as “made work”, which is work provided in administering public relief and required as a condition imposed upon able-bodied persons receiving aid.

While the petitioner was working on or near a truck owned by the City of Monrovia and engaged in the same project work, he sustained an injury to his foot and ankle. The injury occurred on December 28, 1932, and on January 9, 1933, the petitioner filed with the respondent commission

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Ills application for an adjustment of his claim. After a full and fair hearing the commission found that the petitioner was injured “while occupying the status of receiving aid from the county welfare department of the county of

Los

Angeles”, and that he “was not an employee as defined by law at the time of said injury”, and ordered that the applicant take nothing.