Pacific Emp. Ins. Co. v. Indus. Acc. Com.

The petitioner was the insurance carrier of Monroe, Lyon Miller, a real estate firm engaged in the sale of a subdivision of a tract of land near Aptos, in Santa Cruz County. The firm had its principal place of business in the city and county of San Francisco and engaged district managers to establish and maintain branch offices in the cities of San Jose, San Francisco, San Mateo, Sacramento, Stockton, and Fresno. One Stewart was thus engaged as the district manager at the city of Sacramento, and while returning from Aptos with a party of prospective purchasers *Page 197 and passing through the city of San Francisco he received injuries to his left shoulder in attempting to board a street-car at the ferry building in the latter city. After due proceedings had the respondent Commission awarded him the sum of $26.78, which award the petitioner now asks this court to annul upon the ground that the evidence does not support the finding of the Commission as to the status of Stewart as an employee of the real estate firm or the finding that he was injured while in the course of his employment. [1] The case must be considered in view of the well-known rule that if any facts appear in the…