149 N.E. 922 | Ind. Ct. App. | 1925
The Indiana Girls' School is, and for many years has been, a state institution for the education and training of delinquent girls. In connection with, and as a part of, the institution there is operated a farm for the production of grain, vegetables, fruit and live stock. On December 6, 1924, Joseph Dowery, an employee of the school, whose duties as such employee were limited to work in the operation of the farm, received an injury as a result of an accident which arose out of and in the course of his employment. The parties had not filed with the Industrial Board their election not to be bound by the provisions of the Workmen's Compensation Act.
Following Dowery's death, appellants, as his dependents, applied for compensation. From an order of the board denying compensation, this appeal is prosecuted. *39
The question for determination is: Was Dowery a farm or agricultural employee within the meaning of § 9 of the Workmen's Compensation Act (Acts 1919 p. 158), which provides that the act shall not apply, "to farm or agricultural employees, * * * nor to employers of such persons, unless such employees and their employers file with the Industrial Board their voluntary joint election so to be bound?"
It is appellee's contention, and by its order denying compensation the Industrial Board held, that although the farm was being operated in connection with, and incidental 1, 2. to, the conduct of the school, Dowery, whose work was confined to farm labor, was a "farm employee" within the meaning of that term as used in the section of the act to which we have referred. It is to be observed that the statute does not classify the employee in accordance with the general occupation or business of the employer. Whether a laborer is or is not a farm employee is determined from the character of the work he is required to perform. 28 R.C.L. 718; Shafer v. Parke, Davis Co. (1916),
It is suggested that our holding in this case cannot be reconciled with the decision of this court in the case of In re Boyer (1917),
The conclusion of this court in the Boyer case is correct, and is the settled law of this state. There are, however, some statements in the reasoning of the court in that opinion which are not in harmony with this opinion. Such statements are disapproved.
The award is affirmed. *41