Report of Decisions of the Industrial Accident Board and Industrial Accident Commission of the State of California Volume 6

Report of Decisions of the Industrial Accident Board and Industrial Accident Commission of the State of California Volume 6

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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. 1920 edition. Excerpt: ...remained with the owner of the building. The operation, control and care of the elevator and stairs inisuch a case would seem to be a matter wholly between the employer and the owner of the building. It would not enter as between employer and employee and would be entirely extraneous to' the employment. As to the employee it would be a matter of indifference whether the elevator or stairs necessary for access to the spot where he is to work are by the employer's lease operated and controlled by the latter or by the owner of the building, provided only that they are in fact furnished so that access by the employee may be had. There would seem to be no reason for allowing compensation where the employer controls the elevator, for instance, and refusing it where he does not, when the fact as to who controls it is extraneous to the employment and the theory upon which compensation is now allowed under the Workmen's Compensation Act is not, as before, that the employer, either directly or through some agency or instrumentality under his control, has been guilty of some breach of-duty toward the employee. So far as the employee is concerned, the elevator or stairs are a special means of access furnished him to get to his place of work, and, in effect, furnished him by his employer. By the lease the tenant has the right as an appurtenance of the premises leased to the use of the elevator or stairs for the purposes of access, and, so far as the tenant's employees are concerned, the elevator and the stairs are, in effect, a part of the employer's premises. (See Judson Iron Works v. Industrial Accident Comn., 58 Cal. Dec. 291.) Nor is the situation in this respect changed by the fact that the employer is but one of...show more

Product details

  • Paperback | 194 pages
  • 189 x 246 x 10mm | 354g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236773802
  • 9781236773807