Yolo Water & Power Co. v. Industrial Accident Commission

This case comes up on certiorari to review the finding of the Industrial Accident Commission to the effect that Pietro Supparto, at the time of his injury, was an employee of the petitioner. Petitioner claims that the evidence shows solely that Supparto was an employee of Wallace, and therefore the commission acted beyond its jurisdiction in awarding Supparto compensation against petitioner. If there be any evidence to support the finding of the commission its award must be sustained. (Western Indemnity Co. v. PillsIwry, 172 Cal. 807 , [ 159 Pac. 721 ],)

W. C. Wallace was petitioner’s foreman, employed at a wage of $5 a day. He had full authority to hire whomever he pleased to assist him in the company’s work. It is admitted that men so employed were employees of the company, and were so recorded on the company’s books, receiving $2.25 per day. But when a team and a man were hired a lump sum of $4.50 was paid, and the man’s labor was not segregated upon the company’s books, but it appears that the man always received $2.25 and $2.25 went for the team.

Very often Wallace furnished his own team, among others, used by the company, and sometimes employed one of the men on his own…