Ocean Accident & Guarantee Corp. v. Industrial Accident Commission

Original application for the writ of review.

Respondent Grace L. Biggar, the relict of William B. Biggar, who was killed in an automobile accident, was allowed an adjustment of industrial compensation for her husband’s death. The award ran against T. G. Murphy, who was doing business as the Sun Roof and Paint Company at Santa Monica. The place of business of respondent Paraffine Companies was in Los Angeles. Petitioner, the insurance carrier of Murphy, asks that the award be wholly annulled, or in default of that outcome that it be annulled with directions to the Industrial Accident Commission to adjust compensation to the widow in a less amount than that already awarded her, and under a process other than that employed by the commission in making the award. In disposing of the points arising in the proceeding we shall naturally recite only those portions of the evidence which show a substantial support for the findings of the commission.

Petitioner contends that either respondent Paraffine Companies, hereafter to be called Paraffine, was the em ployer of Biggar, or that he was in the joint employ of that concern and Murphy. We think Murphy was the sole employer. In truth, we…