Taverner v. Anderson
| Decision Date | 21 June 1935 |
| Docket Number | 42989. |
| Citation | 261 N.W. 610,220 Iowa 151 |
| Parties | TAVERNER v. ANDERSON. |
| Court | Iowa Supreme Court |
Appeal from District Court, Page County; J. A. Murray, Judge.
Robert V. Taverner was employed by Jess Anderson, and while so employed was injured. He filed a claim with the Industrial Commissioner under the Workmen's Compensation Act. Anderson filed answer, in which he alleged that the claimant Taverner, was engaged in agricultural pursuits at the time of the injury, and therefore he did not come under the provisions of the Iowa Workmen's Compensation Act. Arbitration Committee was waived, and a hearing was held before the Honorable Ralph Young, deputy commissioner, who denied the relief asked by claimant, and dismissed his petition. Petition for review was filed with the Industrial Commissioner, who sustained the finding of the deputy commissioner and the claimant appealed to the district court of Page county, Iowa, which court affirmed the decision of the Industrial Commissioner, denying the relief prayed for. Claimant appealed to this court. Opinion states the facts.
Affirmed.
Ferguson & Ferguson, of Shenandoah, for appellant.
Stipe Davidson & Davidson, of Clarinda, for appellee.
Robert B. Taverner was employed in the fall of 1932 by Jess Anderson, who at that time was operating his farm three miles northeast of the city of Clarinda, in Page county, Iowa. It is the claim of Taverner that he was employed to work at a sorghum mill which the appellee had upon his farm, and which he was operating for commercial benefit. Appellant was to receive the sum of $1 per day and board and lodging. The appellee did not carry compensation insurance as required by law, and, while Taverner was so employed, his right hand became engaged and caught in the rollers used in the sorghum mill, and as a result it became necessary to amputate the second and third fingers of his right hand. He incurred doctor and hospital bills and lost the permanent use of his right hand. Under the Workmen's Compensation Statute, he would be entitled to total compensation for 150 weeks at the rate of $12 per week, or in the amount of $1,800, together with reimbursement of doctor and hospital bills. He asked that a hearing be ordered by the Industrial Commissioner, and for judgment for the amount due him.
To this claim Anderson answered, setting up by way of defense that he is a farmer, and that all of the work done or performed by the claimant while in his employ was general farm work, including that of harvesting sugar cane, and for that reason the Workmen's Compensation Law did not apply.
A hearing was held before the Industrial Commissioner, arbitrators being waived by agreement of the parties, and after listening to the evidence and argument of counsel, the Deputy Industrial Commissioner denied recovery. Thereafter a petition for review was filed, and the matter submitted upon written briefs to the Industrial Commissioner, who affirmed the decision of the Arbitration Commission, denying the relief asked. From the ruling of the Honorable A. B. Funk, Industrial Commissioner, the claimant appealed to the district court of Page county, Iowa, within the time and manner prescribed by law, and the district court affirmed the decision of the Industrial Commissioner of Iowa and dismissed the appeal. From the decision of the lower court, Taverner has appealed to this court.
The record shows without dispute that Jess Anderson for better than 21 years has lived on, owned, and operated a farm located in Page county. As most farmers of that community do, he raised corn, wheat, oats, barley, sorghum cane, alfalfa, and everything else that grows on a farm, including garden truck. For a period of some five years he raised sugar cane, which is a crop raised generally by farmers in that community. That he is a farmer is conceded by the appellant, but he claims that Anderson is engaged not alone in farming, but also in the manufacturing business, to wit, the operation of a sorghum mill. The courts have generally held that a farmer can be engaged in two occupations, one of which would exempt him from the Workmen's Compensation Act, and the other which would not exempt him from the provisions of the act.
The Workmen's Compensation Law in Iowa, section 1361, is as follows:
" 1361. To whom not applicable . This chapter shall not apply to:
1. Any household or domestic servant.
2. Persons whose employment is of a casual nature.
Claimant alleges that he was specifically employed to operate the sorghum mill, which was not properly a farm operation. That the employer was making sorghum to sell as well as for home...
To continue reading
Request your trial