New York Indemnity Co. v. Industrial Accident Commission

Respondent William E. Geiger, Jr., presented to the Industrial Accident Commission his application for an award of compensation for injuries received by him as an employee of Lang Transportation Company. An award was made against the insurance "carrier, New York Indemnity Company, on whose petition the writ of review herein was issued.

Petitioner contends that the evidence did not justify the findings of fact, and that the commission acted in excess of its powers in this, that there is no evidence to sustain the finding that the applicant Geiger was injured while in the course of his employment.

The evidence bearing upon the issue thus presented may be summarized in a very few sentences. The transportation company as a part of its business owned a number of trucks and in the use of these trucks employed truck drivers. The principal office was at Los Angeles. Prior to the twenty-fourth day of July, 1926, Mr. Geiger, although not in continuous employment of the transportation company, was on call there as an extra man to whom work was given, at a stated price per hour, on occasions when his services were needed. In July, 1926, the transportation company had several trucks in use…