3 Cal. 2d 759 | Cal. | 1935
Petitioners are seeking a writ of review of, and pray for an order annulling, an award of compensation made by the respondent commission for personal injuries to a newsboy selling the Los Angeles Times. The only question involved here is the application to the facts of the case of section 8 (a) of the Workmen’s Compensation Act defining the term “employee”. Stated concisely, the question is: Was the injured hoy an employee of the newspaper at the time of his injury?
This brief résumé of the material facts is sufficient to demonstrate that the employee, Davenport, came squarely within the definition of the term “employee” contained in section 8 (a) of the act, supra, and was not governed by the provisions of that section excluding persons selling newspapers the title to which has passed to the person so engaged. This court recently denied issuance of a writ of review in a case similar in facts and identical in law points.
The award of the respondent commission is affirmed.
Curtis, J., Shenk, J., Langdon, J., Preston, J., and Thompson, J., concurred.
Rehearing denied.