The San Francisco call and post., 1913-12-24
OMPENSAT|ON
ACT ANSWERS
T0QUER|E5
Problems Presented by New
Legislation Answered by
Board for The Call

The Call and Posts publication of
questions and answers relating to the
workman's compensation act is arous-
ing great interest throughout the
community, and many questions are
being received Following the some
of them and the answers made by the
industrial accident boar dof Califor-
mia:
OF my clerk becomes injured
for life and I have to support him.
would my selling out my business
absolve me from further damages?
"a grocery
Ave assume that the inquiry is
with reference to whether or not
the selling of his business by an
employer, after an injury, and the
right to compensation has accrued
will cut off further right to compen-
sation.
The short answer to this question
is, that it will not. The liability for
compensation, whatever may be the
measure of compensation, is fixed
by the relation of the parties at the
time the injury or death occurs and
Is a continuing liability against the
connection we quote sub section (e)
of section %, as follows:
"A claim for compensation for the
injury or death of any employe, or
any award or judgment entered
thereon, shall have the same prefer
ence over the other unsecured debts
of the employer as Is given by law
to claims for wages. Such prefer
ence shall be for the entire amount
of compensation to be paid, but this
section shall not impair the lien of
any previous award"
Q.-Is an employer of Japanese
janitor, whose duties about an
apartment house are general house.
work, washing windows facing
street, also emergency repairing on
elevator, liable for any accident
during such work and also liable
for those dependent upon him in
case of death from accident in his
performance of above duties?
answer to this question de-
pends upon the proper application
of the definition of an "employe" as
stated in section IA of the work
mems compensation, insurance and
safety act, which section Is as fol-
lows:
The term ''employe" as used In sections
IL 10 35, inclusive, OF this act shall be
construed to mean: Every person In the
service Of an employer as defined by sec
tfon l3 hereof under any appointment or
contract Of hire apprenticeship. express
or implied. oral or written, including
aliens and also including minors, but ex-
cluding any person whose employment Is
both casual and not In the usual course
OF the trade, business, profession or occu-
patton Of his employer. and also excluding
any employe engaged in farm, dairy,
agricultural. viticultural or horticultural
labor, In stock or poultry raising or In
household domestic service.
Unless the emp1oye above designat-
ed falls under one of the excluded
classifications there would be liabil-
ity on the part of his employer. 1t is
apparent that the employment Is not
casual and that 1t is in the usual course
of the business of the employer, as 1t
appears that the duties are continu-
Gus. The only other excluded classi-
f1cation under which this employe
could be placed would be household
domestic service"
1t is my opinion that the nature OF
the employment and the duties in and
about which the employe is engaged
do not constitute household domestic
service" The specified duties are
those incident to the conducting of a
business. l. e., the management of an
apartment house, out of which we un-
derstand a revenue is derived. The
duties enumerated are broader in
scope than household domestic serv-
ice" and we advise that the employer
would be liable for compensation for
any injury or death resulting from
accident arising out of and In the
course of the employment while the
employe is performing service grow
ing out of and incidental to his en-
ployment, and that such rule would
apply even though the employe is an
alien. In the event of his death, as
above set forth. the employer would
be liable for the payment of compen-
sation to his dependents as defined
in the act.
GA enters into contract with B. B
hires c at daily wages. c is hurt
in performance of duty. is ire
sponsible financially. Does the liza
bility revert to A?
A.-Yes. Section 80 of the workmen's
compensation. insurance and safety
act. effective January /, 1914. states
that the principal (A) is responsible
If the contractor OBJ can not pay
for the care Of the injured man.