Whiting-Mead Commercial Co. v. Industrial Accident Commission

Petition for a writ of certiorari to review an award of the Industrial Accident Commission.

It appears therefrom that the State Compensation Insurance Fund, a state instrumentality, is the insurance carrier of the Whiting Mead Commercial Company. On June 18, 1923, one Ernest A. Wells sustained injuries by being pinned between an automobile truck and the side of a building, and he subsequently filed his application with the Industrial Accident Commission for the purpose of obtaining benefits under the Workmen’s Compensation Act (Stats. 1913, p. 279), and he averred that his injury arose out of and in the course of his employment with the company above mentioned. Thereafter his application came on for hearing before the Commission, which subsequently made an award in his favor and against the State Compensation Insurance Fund as insurance carrier for the sum of $558.69, and it ordered that the Whiting Mead Commercial Company, the alleged employer, be released from further liability. A petition for rehearing was prayed for and denied, whereupon this proceeding was instituted.

The sole question presented by the controversy is whether or not the evidence is sufficient to show that…