Sogov

Certiorari to review the action of the Industrial Accident Commission in awarding compensation to petitioner.

It is petitioner’s contention that the award made is upon a wrong basis of earnings, and further that the Commission erroneously determined and fixed the period of disability resulting from the injuries shown. The employment of petitioner was such as is provided for in subdivision (f) of section 8 of the Workmen’s Compensation Act. This subdivision reads as follows: “Workmen associating themselves under a partnership agreement, the principal purpose of which is the performance of the labor on a particular piece of work, shall be deemed employees of the person having such work executed, and, in the event the average weekly earnings are not otherwise ascertainable shall be deemed to be employed at an average weekly wage of twelve dollars.”

Respondent Commission found that petitioner was an employee coming under such partnership agreement and that the weekly earnings were not otherwise ascertainable. Petitioner attacks both findings. He contends that his employment was on a per diem basis and not under a partnership agreement. It is conceded that at a time prior to the date…