Los Angeles Jewish Community Council v. Industrial Accident Commission

SHINN, P. J. A writ was heretofore issued on petition of Los Angeles Jewish Community Council and National Automobile and Casualty Insurance Company for the review of an award of $6,000 by the Industrial Accident Commission as a death benefit to Margareta Frederika Cohn, widow of Rabbi Emil Bernard Cohn. In the petition the statement of question involved reads as follows: “Whether the Industrial Accident Commission’s affirmance of findings and award on rehearing, said affirmance being based upon an erroneous assumption of facts by the referee, should be permitted to stand.” We shall discuss this question later. As we view it the question, also argued by petitioners, is whether, at the time of his death, Rabbi Cohn was going to his place of employment, as usual, to perform his customary duties as part-time librarian or was engaged on a special mission for his employer, the Community Council. If the former, his widow would be excluded from the benefits of the Workmen’s Compensation Act under the “going and coming” rule. If the latter, and the fatal accident arose out of and in the course of decedent’s employment, the case would come within an exception to the rule and the death would be compensable.

Decedent’s usual hours of employment as part-time librarian were from 2 p. m. to 6 p. m., five days per week, Monday through Friday. The library was normally not open on Saturdays or Sundays. For some months prior to the opening of the library, the duties of the employee were to catalogue the volumes belonging to the library. The library committee of the employer was to be informed when the cata[67]loguing was to be completed and the library ready for opening. At the time of hiring, no precise arrangements for the opening were made. The deceased, however, was aware that the opening week would include Saturday, and that he would be expected to be present in the evenings for that opening week.

Approximately two months before the completion of the cataloguing of the books, the deceased informed the library committee of the approximate date of completion. On January 7, 1948, the committee voted to open the library during the week beginning February 22, 1948, and to combine with the opening a “special celebration or reception.” The minutes of the employer’s library committee, dated February 18, 1948, contain the following: “The Los Angeles Jewish Community Library will be formally opened on Sunday, February 22nd at 2:00 P. M. It will be open Sunday, Monday, Tuesday, Wednesday, Thursday from 2:00 P. M.-5:00 P. M., and from 8:00 P. M.-10:00 P. M. The week will close Saturday 8 :00-10:00 P. M. On Sunday afternoon Mrs. Samuel Moss, President of the Conference of Jewish Women’s Organizations, the hostess group will preside. The following will be introduced to speak for a few moments: Mr. Charles Brown and Mr. Peter Kahn, acting chairman of the Library committee. Dr. Emil Bernhard Cohn will he prepared to give a short talk at each session. Each host group will be responsible for a short program.” (Emphasis added.) The decedent was notified of the fact that he was to give short talks in the evenings, during the opening week. The library was closed until sundown on Saturday, February 28, 1948, and the deceased did not work from 2 p. m. to 6 p. m. on that day. Mr. Schapiro, a member of the library committee, and a former head of the Hebraic Department of the Library of Congress, had been appointed to make recommendations concerning the purchase of books. On Saturday morning, February 28, 1948, he telephoned Rabbi Cohn and requested that he come to the library early that evening to inspect and discuss certain purchases. The deceased agreed to come at the earlier hour. Rabbi Cohn on the preceding nights during the opening ceremonies had left his home at about 7:45 or 7:50 and had arrived at work at 8 or 8:05 p. m. After rehearsing to his wife the speech he was to deliver at the library, the Rabbi left his home on Saturday night, February 28, 1948, at about 7:15 or 7:20 p. m., to go to the library. He was carrying a book belonging to the library. At 7:45 p. m., or thereabouts,