Edwards

The Industrial Accident Commission made a substantial award to Grubb, the applicant, who was before it asking compensation for injuries sustained in the course of his employment by Edwards, petitioner herein. Thereafter an additional award was made by the Commission to applicant for medical costs.

Petitioner asks, by way of certiorari, that the awards be vacated for several reasons but presents but two, viz.: That Grubb was an independent contractor and that the work was casual and not in the regular course of trade, business or occupation of petitioner. The facts necessary to an understanding of our decision may be very briefly stated.

Petitioner is a bookbinder but has not been able to follow that vocation for several years. He owns a two-story building, the first story being divided into four small storerooms which are rented for small businesses. The second floor is divided into six apartments which are furnished and rented for living purposes. Petitioner and his wife live in one of them. No service of any kind is furnished the stores or apartments by petitioner. Occasionally petitioner makes small upkeep repairs about the premises and upon several occasions Grubb has been…