Associated Theatres, Inc. v. Industrial Accident Commission

Petitioner A. H. Houston filed an application to the Industrial Accident Commission for compensation on account of injuries received by him while employed by the Associated Theatres, Inc. Both the employer and the insurance carrier, Western Indemnity Company, were made respondents to that application. After a hearing by the commission, compensation was awarded in favor of the applicant and against the employer, and it was ordered that the Western Indemnity- Company be relieved from liability upon the claim. The commission found that the applicant, while employed “as a janitor and handy man” in a motion picture theater of the employer, “sustained injury occurring in the course of and arising out of his employment as follows: while repairing a door of a garage, under orders of the employer.” The commission further found: “At said time the employer was insured against liability for compensating its injured employees with defendant Western Indemnity Company, but the policy of insurance covered injuries only for operations in connection with and upon the premises of a motion picture theater, and the work being performed by applicant at the time of the injury was not connected with such…