Hamilton v. J. Le Roy Farmer Canning Co.

• Decision Date: 21 June 1935
• Docket Number: 42875.
• Citation: 261 N.W. 506,220 Iowa 25
• Parties: HAMILTON v. J. LE ROY FARMER CANNING CO. et al.
• Court: Iowa Supreme Court

261 N.W. 506

220 Iowa 25

HAMILTON v. J. LE ROY FARMER CANNING CO. et al.

No. 42875.

Supreme Court of Iowa.

June 21, 1935

Appeal from District Court, Cedar County; John T. Moffit, Judge.

This is a workmen's compensation case. Hamilton, the claimant was employed by J. Le Roy Farmer, who operated as an individual certain canning factories, one of which was located at Tipton, Iowa. While so employed, Hamilton was injured. There was a denial of liability under the Workmen's Compensation Act, in which it was alleged that Hamilton was in a representative capacity of the employer at the time of the injury, and, as such, was excluded from the benefits under the provisions of the act. It was first submitted to the Deputy Industrial Commissioner, who denied the relief prayed for, and a petition for review was then filed with the Industrial Commissioner, who affirmed the decision of the Deputy Commissioner. Claimant then appealed to the district court of Cedar county, and the lower court affirmed the opinion of the Industrial Commissioner and denied relief. Claimant then appealed to this court. Opinion states the facts.

Affirmed.

John B. Brooks and Paul V. Wilson, both of Cedar Rapids, for appellant.

Carl F. Jordan, of Cedar Rapids, for appellees.

MITCHELL, Justice.

J. Le Roy Farmer owned and operated as an individual four canning factories, located at Cedar Rapids, Tipton, West Liberty, and Monticello, Iowa. He employed one Jesse J. Hamilton at his factory at Tipton. On the 26th day of June, 1933, while engaged in taking an inventory of can labels located in the warehouse of the factory, Hamilton slipped and fell upon a freshly scrubbed floor, and as a result sustained a fracture of the right hip. He filed an application for arbitration under the Workmen's Compensation Act, to which application the employer filed answer, denying liability claiming that Hamilton was not entitled to the benefits of the Workmen's Compensation Act because Hamilton was holding an official position or standing in a representative capacity of the employer. A hearing was held before the Deputy Industrial Commissioner, and the relief asked for was denied. A petition for review was then filed, and a hearing was had on said review before the Industrial Commissioner who entered an order sustaining the decision of the Deputy Industrial Commissioner and denying the relief prayed for. From the decision of the Industrial Commissioner an appeal was taken to the district court of Cedar county, and after a hearing that court dismissed the appeal and affirmed the finding of the Industrial Commissioner. The claimant, being dissatisfied with the decision of the lower court, has appealed to this court.

The sole proposition involved in this case is whether the appellant was " standing" in a representative capacity of the employer (appellee) at the time of the injury. See Code, § 1421, sub. 3. There is no controversy about the place of receiving the injury, the nature thereof, and that when the injury occurred appellant was on the pay roll of the appellee, and that he was about his usual duties. To the record we must turn to ascertain the facts.

It is interesting to note that, in the application filed for arbitration, the appellant set out the following: " That your applicant, at the time of the accident was engaged in the general duties of manager of the Tipton, Iowa, factory of the employer, and particularly engaged in taking an inventory of can labels located in the warehouse of the factory, when he slipped and fell."

So in the very beginning we have the claimant admitting that he was performing the general duties of manager of the Tipton plant.

His employer, J. Le Roy Farmer, had four canning factories located in different towns and cities in the state of Iowa. It was an unincorporated business, with Mr. Farmer in charge of all of the factories. Mr. Hamilton had been employed at the Tipton plant for a great many years. He was paid the sum of $100 per month, and, in addition thereto, 15 per cent. of the profits. No other employee of the Tipton plant was paid in this manner. The duties he performed were many and of a wide variety. The plant was a canning factory. It operated at only certain times of the year. In other words, it had to...