Fireman's Fund Indemnity Co. v. Industrial Accident Commission

Pete Novak applied to the respondent Commission to fix the amount of his compensation growing out of an injury received. A hearing was had and the Commission made an award in favor of the claimant in the sum of $131.39 against the Fireman’s Fund Indemnity Company, but dismissed the application as against the employer. The indemnity company has applied to this court for a writ of review.

In the early part of August, 1931, Pete Novak started to Boulder Dam to seek employment. He stopped at Lassco and temporarily took employment under Worden & Forsythe as a laborer in constructing a railroad in the vicinity of Westwood. At the time he . was employed nothing was said regarding transportation to or from West-wood. At the time he took employment the construction work was about one mile distant from Lassco. As the work progressed the camp was moved north from Lasseo. Novak continued as an employee until the evening of August 27, 1931. The next morning he quit. He went to the timekeeper and obtained a statement of his time and the amount due him. While in the timekeeper’s office waiting to obtain that document he heard the engineer of the locomotive stating that one locomotive had broken…