Associated Indemnity Corp. v. Industrial Accident Commission

The petitioner is the insurance carrier of the “San Francisco Chronicle,” a daily newspaper. The state compensation insurance fund is the insurance carrier of the “San Francisco Examiner.” John L. Du Grosse was employed by the “Examiner” to sell its newspapers on a designated street corner in the city and county of San Francisco. At the same time he was engaged in selling copies of the ‘ ‘ San Francisco Chronicle. ’ ’ While so employed he suffered an injury for which he was compensated by an award of the respondent Commission which found both newspapers equally liable as his employers. The award against the carrier of the “Examiner” has become final and, under the terms of the compensation act, it would be entitled to contribution against petitioner on account of the award made against the “Chronicle.” The matter comes before us upon an original proceeding to review that portion of the award adverse to the insurance carrier of the “Chronicle.”

The facts are practically undisputed. The parties to this proceeding stipulated that John Du Grosse was an employee of the “Examiner” assigned to sell its papers at the Forest Hill station in the Twin Peaks tunnel, and that he was subject…