Zimmerman

This is a proceeding in certiorari to review a decision of the Industrial Accident Commission absolving the State Compensation Insurance Fund as insurance carrier from all liability for the payment of an award made by the Commission to an injured employee, and holding the employers alone responsible therefor.

The facts are as follows: Zimmerman, one of the petitioners herein, was engaged in the business of painting, decorating and paper hanging. He conducted the business under the fictitious name “Royal Paint and Wall Paper Company”, and was insured by the State Compensation Insurance Fund against all liability arising under the Workmen’s Compensation Act (Stats. 1917, p. 831), by a policy issued to him on March 4, 1930, naming “Sam Zimmerman (an individual) doing business as Royal Paint and Wall Paper Company” as the insured. About September 1, 1930, he took in Stern as a partner and they continued to operate the business under the same name and with some of the same employees. The insurance carrier was not notified of Stern’s association in the business., About ten days later and on September 10, 1930, one of their painters, named Andronoff, who had been in the employ of…