11 S.E.2d 703 | Ga. Ct. App. | 1940
An employer who is compelled, regularly each year, for the duration of several weeks, on account of an increase in the volume of business done during that season of the year, to employ ten or more persons, is, relatively to an employee who, during such period of time, sustains an accidental injury which arose out of and during the course of his employment, subject to the provisions of the workmen's compensation act of this State, as having "regularly in service" ten or more employees in the same business within this State.
It is provided in section 15 of the workmen's compensation act that the provisions thereof "shall not apply . . to any person, firm, or private corporation, including any public-service corporation, that has regularly in service less than ten employees in the same business within this State, unless such employees and their employers voluntarily elect to be bound." Code, § 114-107. Was the finding of the director of the Industrial Board that the employer had regularly in service, on the date of the claimant's accidental injury, ten or more employees, as provided in § 114-107, authorized where it appeared that at the time of the plaintiff's accidental injury, and for several weeks before, the employer had in service ten or more employees, due to the fact that during this period an increased volume of business done by the employer necessitated its having in service more than ten employees in order to carry on the increased business, and that this happened periodically *634 as the volume of business would increase? Counsel for the employer contend that the situation here involved did not present a case of employment of ten or more employees regularly in the service of the employer, but that there was merely a temporary employment of ten or more employees, due to an unexpected rise or increase in the volume of the business of the employer, and therefore there were not ten or more employees regularly in service at the time of the injury to the claimant. The evidence on which the finding of the director was based tended to show that the employer was engaged in the business of moving household goods, and incidentally thereto in the business of storage of furniture; that each year, about September 1, there is a material increase in the amount of business in this particular line; that a great many people at this season of the year move their residences from one location to another; that the business of the employer accordingly increases around September 1 of each year; that this increased volume of business continues for part of two months every year, and occurs yearly around September 1, and during these periods the employer has in service more than ten men; that at the time of the injury to the claimant, and for several weeks previously the employer had more than ten employees; and that the injury to the claimant, who was injured while he was loading a stove onto a truck or moving van, arose out of and in the course of his employment.
In Jones v. Cochran,
Judgment affirmed. Sutton and Felton, JJ.,concur. *636