Jensen

This matter comes before us upon a writ of review. We are asked to annul an award of the Industrial Accident 'Commission granting to G. E. Scott, the applicant before said commission, $2,666.24 for injury to his eye, sustained while he was plastering a chimney, together with an allowance for medical expenses, etc.

The only question before us is as to the status of Scott and the relation between him and petitioner with respect to the work out of which the injury grew. The Industrial Accident Commission has concluded that Scott was an employee of Jensen, onr petitioner. Petitioner, however, contends that Scott was either an independent contractor or an employee of Dr. Tooker, the owner of the house in Los Gatos upon which the work was being done. Dr. Tooker was before the Industrial' Accident Commission, contend ing that Scott was an employee of Jensen and that no liability of any kind arose on the part of said Tooker. This view was accepted by the commission, which held Dr, Tooker free from liability and awarded Scott compensation as an employee of Jensen.

The record shows that Dr. Tooker requested Jensen to furnish him with an estimate of the cost of the alterations and repairs…