Victory Auto Painting Co. v. Industrial Accident Commission

Petition for writ of review to determine the lawfulness of an award of respondent Commission in an application for compensation benefits under the Workmen’s Compensation Act (Stats. 1917, p. 831).

It appears from the petition that respondent R. F. Daniels sustained an injury to his eye and thereafter filed an application with the Industrial Accident Commission wherein he claimed that the injury occurred at a time when he was an employee of the petitioner the Victory Auto Painting Company.

Following the filing of the application, hearing was had, in which the issue was raised of the existence of the relation of employer and employee between the company and the applicant at the time of said injury. The matter was submitted for decision and on May 29, 1925, the Commission rendered its findings to the effect that the injury caused temporary total disability, continuing for a period of three weeks, entitling the employee to $20.83 during the said time, exclusive of the waiting period, amounting to $41.66. Thereafter) within the time prescribed by law, petitioners herein, the Victory Auto Painting Company, and its insurance carrier, Pacific Employers Insurance Company, filed a…