Warren Construction Co. v. Industrial Accident Commission

This is an original proceeding to review an award of the Industrial Accident Commission allowing compensation to one C. M. Keily for an injury suffered while in the employ of petitioner. It is claimed that such injury did not arise out of the employment and that it was not proximately caused thereby as required by the Workmen’s Compensation Act (Stats, 1917, p. 831), so as to entitle the employee to compensation.

Keily was employed by the Warren Construction Company as a timekeeper, and was so employed on the seventeenth day of November, 1922. At that time the company was insured against liability under the Insurance and Safety Act, the Globe Indemnity Company being its insurance carrier. On the day last mentioned Keily and a fellow-employee, one Randall, had an altercation concerning the payment of the wages due Randall, who had terminated his employment with the company. In the performance of his duties Keily kept account of the time the different employees worked and he delivered to them their pay checks. Keily refused to deliver Randall his check until such time as he was ready to leave the camp. In doing so he was carrying out the express orders of the company, which had…