Hufstetler

The petitioner seeks the annulment of an order of the Industrial Accident Commission denying compensation for injuries sustained by him in an automobile accident. The Commission found that, at the time of the accident, the petitioner was employed as a salesman by Weber & Beckett, whose insurance carrier was the State Compensation Insurance Fund, “all of whom were then subject to the provisions of the Workmen’s Compensation Insurance and Safety Act of 1917” [Stats. 1917, p. 831], but that “the evidence does not establish as a fact that the applicant received an injury arising out of and in the course of his said employment.” It appears without dispute that the petitioner was seriously injured in the accident. He contends that the evidence establishes, without conflict, that his injuries arose out of and in the course of his employment. It must be conceded that there is no direct conflict in the evidence on the issue in controversy, and the question is whether the Commission was bound to accept as true certain testimony given by the petitioner.

Weber & Beckett were engaged in the business of selling automobiles in the city of Modesto. The petitioner was one of their salesmen. While…