[Download] "Dennis C. Manning v. Win Her Stables" by Supreme Court of Idaho No. 9905 " Book PDF Kindle ePub Free
eBook details
- Title: Dennis C. Manning v. Win Her Stables
- Author : Supreme Court of Idaho No. 9905
- Release Date : January 25, 1967
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
This is an appeal from an order of the Industrial Accident Board awarding claimant-employee, Dennis C. Manning, respondent herein, workmen's compensation benefits in the sum of $2,618.62 for injuries suffered in an accident while working for appellant Win Her Stables, Inc., a non-insured employer under the Idaho Workmen's Compensation Law. Appellant contests the allowance of the award on the ground that the Board was without jurisdiction in that the employment of respondent was an ""agricultural pursuit,"" or was ""casual employment,"" or both, making the Workmen's Compensation Law inapplicable thereto under the exemption provisions of the Act where the employer had not elected coverage under the statute. I.C. §§ 72-105A(1), (3), 72-105B.[Footnote 1] (Win Her Stables had not elected coverage under the Act pursuant to section 72-105B at the date of respondent's injury.) The facts on appeal may be briefly stated. Win Her Stables, Inc., is an Idaho corporation organized in July 1964. The corporation owns and operates a race track and stables for race horses on a 21-acre site just outside the city of Burley. The track, used for training race horses, is a one-half mile oval track, fifty feet in width, with a straight-of-way of 550 yards, equipped with a movable race horse starting gate. On the east side of the track there is an 18-stall horse barn, on the west side a larger barn, and a small stud horse barn stands in the middle of the corral joining the track on each side. The employer boards and trains horses, including horses on consignment from other owners; raises and sells colts, pastures brood mares, and keeps cattle for training cutting horses. The facilities of the training track and stables additionally are leased to other owners and trainers of horses. Employee Manning is a twenty-one-year-old bachelor and resident of Burley. Win Her Stables hired respondent in early 1965 after he asked for a job training and exercising horses. The original agreement was that respondent would receive $15.00 per day. During his employment with appellant, respondent trained between 12 and 15 registered quarter horses specifically for racing. Respondent testified that he did not clean stalls or feed horses in the course of his employment. His job consisted first of ""breaking"" the horse and then running the horse on the track. For the most part, respondent worked his own hours, coming in at about 5:00 a. m. and leaving when he had completed exercising the horses in his care, which often took the greater part of the day.