Standard Acc. Ins. Co. v. Indus. Acc. Com.

Petitioner seeks the annulment of an award made by the Industrial Accident Commission in favor of Edna L. Burden, the widow of the deceased employee. *Page 444 Petitioner is the insurance carrier for the General Machinery and Supply Company. The deceased was a salesman and had entered into separate contracts of employment with the above-named company and the William Powell Company. These two companies paid salaries to the deceased of $100 per month and $400 per month, respectively. Deceased made a trip to the southern part of the state and was killed while driving his automobile near Bakersfield. It is conceded that at the time of his death he was acting within the scope of his employment for both companies. The Commission so found and made its award in favor of Edna L. Burden "against the William Powell Company and Standard Accident Insurance Co., jointly and severally". [1] Petitioner contends that the award is unreasonable and contrary to law. It is petitioner's claim that the award should have been apportioned in the ratio that the earnings received from each employer bore to deceased's total earnings from both employers. In our opinion this contention is without merit. It is…