Alexander

This case is before us on a petition for writ of review of the “Opinion and Order Denying Reconsideration” of the Workmen’s Compensation Appeals Board (hereinafter called W.C.A.B.). Just two witnesses testified at the' hearing before the referee, petitioner, the widow of Jimmy Wayne Alexander, and her brother, Robert L. Harper, the decedent’s employer and one of the respondents herein.

Jimmy Wayne Alexander was killed in an automobile accident occurring in the early morning hours of September 10, 1966, on Moffat Road near the City of Manteca. He had been employed by Harper’s firm, Modesto Drywall Company, from 1965, when the company began operations', until his death in September .1966, except'for a leave of absence during July and August 1966. when he worked' for D. C. Vient in Las Vegas, Nevada. He was employed as. foreman,' entrusted with broad managerial duties, .including bidding on jobs, and was furnished' a gasoline credit card for use in the business and a company pickup truck which he was driving at the time of his injury and death.

For several months prior to the accident Modesto Drywall was in financial trouble, apparently because of difficulties in obtaining jobs; it…