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STATE OF CALIFORNIA v. INDUSTRIAL ACC. COM.

Docket No. 19833.

196 Cal.App.2d 10 (1961)

16 Cal. Rptr. 323

STATE OF CALIFORNIA, SUBSEQUENT INJURIES FUND, Petitioner, v. INDUSTRIAL ACCIDENT COMMISSION, MARINO CORSINOTTI, an Incompetent Person, etc., et al., Respondents.

Court of Appeals of California, First District, Division One.

October 3, 1961.

Attorney(s) appearing for the Case

Stanley Mosk, Attorney General, B. Franklin Walker and C. Gordon Taylor, Deputy Attorneys General, for Petitioner.

Everett A. Corten, Robert A. Borgen and Thomas M. Mulvihill for Respondents.

TOBRINER, J.

Despite petitioner's assertion that Aid Retarded Children, Inc. merely simulated an employment relationship with the present participant in its program to train him to act as a future employee, there were enough elements of the real relation here to sustain the Industrial Accident Commission's finding that such employment existed. Nor does Labor Code section 3352, subdivision (c), preclude applicant's recovery on the ground that he performed services...

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