Pacific Emp. Ins. Co. v. Indus. Acc. Com.

Certiorari to review an award of compensation made by the Industrial Accident Commission of the state of California to Ed. Terrell. It is contended by petitioner — which was the compensation insurance carrier for Papageorge and Smario, the employers of Terrell — that the evidence is insufficient to support the findings, and that the Commission in making the award exceeded its jurisdiction. It was found by the Commission — Terrell being the only witness examined so far as shown by the record — that the latter was employed by the insured as a truck driver in railroad construction work at a point about two miles from Valley Springs, California; that a few minutes before his working hours commenced on the date of the accident, while passing over the working premises of the employers for the purpose of obtaining breakfast at the latter's cookhouse situated thereon, he fell, suffering a fracture of the kneecap, and that the injury was sustained in the course of and grew out of the employment. [1] It appears from the testimony that Terrell lodged at a hotel situated a short distance from the working premises of the insured; that the latter provided meals for their…