Zurich General Accident & Liability Insurance Co. v. Industrial Accident Commission

This matter comes before us upon a writ of certiorari to review the award of the respondent Industrial Accident Commission, by which respondent James Shannahan was allowed the sum of $107.34 as damages suf fered by him by reason of an injury sustained, according to the findings of the said commission, in the course of and arising out of his employment with the Cloman Land and Sheep Company, of which company the petitioner was the insurer.

Petitioner asserts that Shannahan was not entitled to compensation or to any of the benefits of the Workmen’s Compensation, Insurance and Safety Act, because at the time of his injury he was not employed by Cloman Land and Sheep Company and was not performing services growing out of and incidental to his employment.

On February 8, 1921, Shannahan was employed by the Cloman Land and Sheep Company to work on a ranch owned by said company and situated at Grimes, California. He testified that he was to be paid three dollars a day for his services for six days a week, together with board and lodging for seyen days. He testified that when he started his work on the ranch he “broke” three horses; that he was employed generally to do “scraping”; that…