Whipple

George W. Timmons, an employee of petitioner Whipple, filed with the Industrial Accident Commission and against Whipple and the State Compensation Insurance Fund, his application for compensation on account of disabilities resulting from injuries received by the applicant arising out of and in the course of his employment. The Commission after hearing the evidence made its finding that the State Compensation Insurance Fund was not the insurance carrier for the employer at the date of the injury. For that reason the award was made against the employer and the proceeding against the Fund was dismissed. The employer has now filed in this court his petition for writ of review.

The question to be determined arises out of petitioner’s claim that the Commission acted in excess of its powers and particularly that the evidence does not justify the finding above mentioned.

In Hillen v. Industrial Acc. Com., 199 Cal. 577 [ 250 Pac. 570, 571 ], the Supreme Court said: “Whether or not the relation of employer and employee existed in this case, under the oral contract entered into, is a question of mixed law and fact, to be proved like any. other question. The finding of the Commission, in…