County of San Bernardino v. Industrial Accident Commission

MARKS, J. The Industrial Accident Commission gave George W. Barnes an award against the County of San Bernardino for injuries received by him on June 7 and 8, 1933, while working in Cucamonga Canyon in San Bernardino County.

[600]The petitioner has sought to have this award annulled upon the grounds that Barnes was not an employee of the county within the meaning of that term as it is used in the Workmen’s Compensation Act and as construed in the cases of McBurney v. Industrial Acc. Com., 220 Cal. 124 [30 Pac. (2d) 414], Rico v. Industrial Acc. Com., 137 Cal. App. 772 [30 Pac. (2d) 584] , Martin v. Industrial Acc. Com., 137 Cal. App. 771 [30 Pac. (2d) 527], and County of Los Angeles v. Industrial Acc. Com., 140 Cal. App. 727 [35 Pac. 1035]. The parties are not only in sharp disagreement as to the law applicable to this case but also as to the facts proved. Therefore it will be -necessary to detail the evidence before the commission in more than ordinary detail.

In 1931 the legislature passed a bill appropriating the sum of $400,000 to be used in controlling and conserving the flood waters of the Santa Ana River system by constructing upon the river and its tributaries in San Bernardino County “dams, protection barriers and such incidental works as shall be necessary for such purpose”. (Stats. 1931, p. 1367.) The state engineer was given general powers of recommendation and approval of the works to be constructed. Under the provisions of the act the comptroller was authorized, on July 1, 1931, to draw a state warrant in favor of the county treasurer of San Bernardino County in the sum of $200,000, and a like warrant for a like sum on July 1, 1932. Both sums were deposited in the county treasury. The act provided “that no part or portion of said sum shall be expended unless and until provision shall have been made by the interested county or counties or by the interested district or districts, or by any city or any other interested agency affected or benefited by such work or having charge of.the construction thereof affected or benefited by such work, for the payment annually, of one-half of the cost of such part of the work as shall be programmed for construction during the then current fiscal year. . . . The money hereby appropriated and made available and the money to be provided by the interested county or counties, or interested district or districts, shall be paid to and deposited with the county treasurer of San Bernardino County in a special fund to be known as ‘Santa Ana river flood control fund’, and [601]