San Diego Law Review


Joe N. Turner

Library of Congress Authority File


Document Type

Recent Cases


Van Horn, an outstanding athlete while in high school, was recruited by California State Polytechnic Institute for its football team. In accordance with the promises made to him by the school coach, he was paid $50 at the beginning of each academic quarter, and another sum to defray his rental expenses during the football season. In addition, he was paid an hourly wage to line the football field; this activity was the only work, in the usual sense of the word, that he performed for the College. Van Horn and some of his teammates were killed in the crash of a plane which had been chartered by the school to return the team from an out-of-state football game. His widow applied for death benefits under the California Workmen's Compensation Act. The application was denied by the Industrial Accident Commission on the ground that decedent was not an employee of the college within the meaning of the Act. Reversed, on appeal; he was an employee. Van Horn v. Industrial Accident Commission, 219 A.C.A. 523, 33 Cal.Rptr. 169 (1963).