Hjerleid v. State

Citation295 N.W. 139,229 Iowa 818
Decision Date10 December 1940
Docket NumberNo. 45365.,45365.
PartiesHJERLEID v. STATE et al.
CourtUnited States State Supreme Court of Iowa

229 Iowa 818
295 N.W. 139

HJERLEID
v.
STATE et al.

No. 45365.

Supreme Court of Iowa.

Dec. 10, 1940.


Appeal from District Court, Winneshiek County; W. L. Eichendorf, Judge.

Appeal from an award under the workmen's compensation law, for personal injury.

Reversed and remanded.

[295 N.W. 140]

Hallagan, Fountain, Stewart & Cless, of Des Moines, for appellants.

John M. Rankin, Atty. Gen., and Don Hise, Sp. Asst. Atty. Gen., for appellees State of Iowa and State Board of Social Welfare of the state of Iowa.


Miller, Huebner & Miller and Charles W. Joiner, all of Des Moines, amici curiae.

HALE, Justice.

The claimant was injured September 17, 1938, such injury arising out of and in the course of his employment. The holding of the deputy industrial commissioner was that claimant was in the employ of the state of Iowa, and his award was against the state. On review the industrial commissioner reversed the finding made by the deputy industrial commissioner and held that the claimant was an employee of Winneshiek County. On appeal to the district court the decision of the industrial commissioner was affirmed and Winneshiek county was hold to be the employer. There is no dispute as to the amount of recovery or as to the kind of employment, but the sole controversy is as to whether claimant was an employee of the state of Iowa and its state board of social welfare or of Winneshiek county. The question, therefore, involves the examination and interpretation of the various statutes relating to the position held by the claimant at the time of his injury.

Claimant's duties at the time of his injury were in connection with the administration of the law on old-age assistance, aid to the blind, aid to dependent children, and emergency relief. He was what is known as a director-investigator. As such director he was employed under the provisions of section 13, chapter 151, Laws of the Forty-Seventh General Assembly, which is the same as section 3661.013 of the Code of 1939; and as investigator, under the provisions of what is now known as section 3828.006, Code of 1939. At the time of claimant's injury the provisions of the Code of 1935 and amendments and additions to the Code made by the Laws of the Forty-Seventh General Assembly were in force, but since, so far as this action is concerned, there were no changes made by the Code of 1939, reference hereafter will for convenience be made to such Code.

That the state might secure the benefit of financial assistance from the federal government, the social security act was enacted by the Forty-Seventh General Assembly for the purpose of conforming to the federal

[295 N.W. 141]

act, and such Iowa social welfare act went into effect in May, 1937. That portion of the federal act having application to the question at issue, commonly known as the Social Security Act, and which went into effect August 14, 1935, 42 U.S.C.A. § 301 et seq., provided for the appropriation to the various states which had submitted and had had approved by the federal social security board plans for old-age assistance. The federal act (in section 302, 42 U.S.C.A.) prescribed the conditions with which the state plan for old-age assistance must comply, among which are: First, that the state plan shall provide that it shall be in effect in all political subdivisions of the state, and, if administered by them, be mandatory upon them; second, provide for financial participation by the state; and, third, either provide for the establishment or designation of a single state agency to administer the plan, or provide for the establishment or designation of a single state agency to supervise the administration of the plan. Other conditions were provided, but so far as the question before us is concerned, the foregoing were those to which the state law must conform.

Following the enactment of the federal law, the legislature adopted the state social security act known as chapter 151 of the Laws of the Forty-Seventh General Assembly, which created a state department of social welfare “which shall consist of a state board of social welfare, and such other officers and employees as may be hereafter provided.” As now constituted the state board consists of three members.

Section 6 of chapter 151, Acts of the Forty-Seventh General Assembly, now known as section 3661.007, Code of 1939, is as follows:

“The state board shall be vested with the authority to administer old-age assistance, aid to the blind, aid to dependent children, child welfare, and emergency relief, and any other form of public welfare assistance that may hereafter be placed under its administration. It shall perform such duties, formulate and make such rules and regulations as may be necessary; shall outline such policies, dictate such procedure and delegate such powers as may be necessary for competent and efficient administration. It shall have power to abolish, alter, consolidate or establish divisions and may abolish or change offices created in connection therewith. It may employ necessary personnel and fix their compensation. It may allocate or reallocate functions and duties among any divisions now existing or hereafter established by the state board. It may promulgate rules and regulations relating to the employment of investigators and the allocation of their functions and duties among the various divisions as competent and efficient administration may require.

The state board shall:

1. Within ninety days after the close of each fiscal year, prepare and print for said year a report to the governor which shall include a full account of the operation of the acts under its control, adequate and complete statistical reports by counties and for the state as a whole concerning all payments made under its administration, and such other information as it may deem advisable, or which may be requested by the governor or by the general assembly.

2. Cooperate with the federal social security board created by title VII of the social security act, public No. 271, enacted by the 74th congress of the United States and approved August 14, 1935, or other agency of the federal government for public welfare assistance, in such reasonable manner as may be necessary to qualify for federal aid, including the making of such reports in such form and containing such information as the federal social security board, from time to time, may require, and to comply with such regulations as such federal social security board, from time to time, may find necessary to assure the correctness and verification of such reports.

3. Exercise general supervision over the county boards of social welfare and their employees.

4. Furnish information to acquaint the public generally with the operation of the acts under the jurisdiction of the state board.”

Section 8 of the act, now known as section 3661.009, Code of 1939, is as follows: “All employees of the state board shall have been residents of the state of Iowa for at least two years immediately preceding their employment and shall be selected from among those who have successfully qualified in an examination given by the state board or under its direction, covering character, general training, and experience. Such examinations shall be open to all persons, and persons taking such examinations, upon successfully qualifying, shall be classified according to the

[295 N.W. 142]

fields of work for which said persons are fitted, all in accordance with rules and regulations of the state board adopted and published by the state board.”

Section 10 of the act, now known as section 3661.010, Code of 1939, is as...

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