Report of Decisions of the Industrial Accident Board and Industrial Accident Commission of the State of California Volume 5

Report of Decisions of the Industrial Accident Board and Industrial Accident Commission of the State of California Volume 5

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1919 edition. Excerpt: ... of Armstrong's employment. There are some features of the statement indicating that he was to be only an employee, others tending to show that he was engaged as an original contractor. It does appear, however, that he was to be paid by the day, and that there were no restrictions placed upon the power of the employer to direct and control his operations at will. The undisputed evidence is that the petitioner actually exercised no direction or control over the work during its progress. In support of its contention that Armstrong was an independent contractor, the petitioner cites many authorities to the general effect that, to quote from Green V. Soule, 145 Cal. 96, 99, "The chief consideration which determines one to he an independent contractor is the fact that the employer has no right of control as to the mode of doing the work contracted for." Whether, however, the employer has or has not such a right of control is necessarily to be determined from the contract of employment. The fact that there was no right of control cannot be predicated upon an absence of the exercise of it, in practice, if the contract in fact allows the right. The employer would be very likely to refrain from exercising a direction or control over an employee as to whom he had the undoubted right of control, merely because the employee had a greater knowledge concerning the nature of the work to be done than did the employer himself. 1 Nothing more seems to have been the case here. There is nothing in the opinion in Brown v. Industrial Ace. Comm., 174 Cal. 457, 460, which conflicts with the views above expressed, as an examination of Anderson v. Foley Bros., 110 Minn. 151, 124 N. V. 987, cited in the opinion, will show. We are satisfied that...show more

Product details

  • Paperback | 170 pages
  • 189 x 246 x 9mm | 313g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236942582
  • 9781236942586