Fidelity & Casualty Co. v. Industrial Accident Commission

On writ of review of a finding and award by the Industrial Accident Commission rendered in favor of one Clyde Rhone, and against petitioner as insurance carrier of A. M. Thompson.

The sole question raised is whether or not Clyde Rhone was an employee of Thompson, alleged to be the contractor in charge of the work. It is admitted that Thompson was a supervising contractor and “builder,” the terms of whose contract are hereinafter stated. He denies that he ever employed Clyde Rhone and there is evidence to show that he had no direct knowledge of the, employment of Rhone until he received a time-card and made out a check in Clyde Rhone’s favor for the amount of this card.

At the time of the injury Rhone was working on certain iron grill work and was injured by a piece of steel or iron flying from the hammer and anvil to his eye and lodging in the eye, which later necessitated the removal of the eye itself.

Petitioner’s claim of nonliability rests upon the further claim that Rhone was not an employee of Thompson, and that Louis E. Plummer, the owner of the job at Fullerton for which the iron work was being prepared, was paying Thompson only a fixed sum for his services in building…