Larson v. Industrial Acc. Com

In Larson v. Industrial Acc. Com. (1924) 193 Cal. 406, two employees were killed and two others severely burned when a wood stove used for heating an employer-owned bunkhouse exploded. (Id. at p. 408.) The Industrial Accident Commission awarded workers' compensation benefits. (Id. at pp. 408-409.) The Supreme Court affirmed the awards, noting that the employees were required to lodge in the bunkhouse as a condition of their employment, with room and board a part of their wages. This distinguished the case from Associated Oil Co. v. Industrial Acc. Com., supra, 191 Cal. 557, where the employee had the option of lodging in the bunkhouse. And, quoting a 1919 Wisconsin case, the court observed, "The facts of the case we are now considering present a situation in which 'the employer places the employee in such circumstances that his time is never his own, where he has no discretion as to where he shall sleep and where he shall eat. Under such circumstances the workman must be considered in the employ of the employer all of the time, or at least performing a service which is incidental to the employment he is engaged in.'" (Larson v. Industrial Acc. Com., supra, 193 Cal. at pp. 410-411.)