County of Los Angeles v. Industrial Accident Commission

COUNTY OF LOS ANGELES, Petitioner, v. INDUSTRIAL ACCIDENT COMMISSION and MIKE MUNGUIA, Respondents.

COUNSEL

Everett W. Mattoon, County Counsel, and Fred M. Cross, Deputy County Counsel, for Petitioner.

Everett A. Corten for Respondents.

OPINION OF THE COURT

Memorandum

Stephens, P. J.

[1] On November 22, 1923, respondent Munguia, who was at that time receiving aid as a county welfare case, was given a work order by the charities department [3 Cal. App. 2d 755] of petitioner and while thus engaged suffered injury for which award was made.

The questions here presented are identical with the case of County of Los Angeles v. Industrial Acc. Com., 2 Cal. App. 2d 614 [38 PaCal.2d 828], in which we concluded that such an award was improper because the injured party was not an employee under the Workmen's Compensation Act.

Award annulled.

Scott, J., pro tem., and Crail, J., concurred.