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Case Name | Eby v. Idustrial Accident Comm'n | |
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Date | 11/20/2011 | |
Note | Evidence supports determination that injury was not in course and scope of employment despite presence of tools in employee's car. | |
Citation | 75 Cal.App. 280 | |
WCC Citation | WCC 30442025 CA |
KATHERINE EBY et al. , Petitioners, v. INDUSTRIAL ACCIDENT COMMISSION et al. , Respondents. After the accident two hammers and a wrecking bar about three feet in length were found in the automobile of the deceased. There is nothing in the record to show whether these tools belonged to the deceased or belonged to his employer. In the instant case it does not appear that the accident happened while the deceased was on any errand in the course of his employment. The question is wholly one of whether or not the evidence supports the finding of the Commission.
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