Mahaffey

Certiorari to review an award of the Industrial Accident Commission.

Mahaffey, one of the petitioners, was a contractor. In the performance of contracts for repairing and painting roofs, he sometimes found it necessary, before painting a roof, to have the moss and dirt scraped from the shingles. Rees was employed by Mahaffey to do work of this character, and while so employed fell from a roof and was injured. The commission found he had sustained a permanent, partial disability equal to 2514 per cent of total disability, entitling him to a disability indemnity of 65 per cent of his average weekly earnings for a period of 101 weeks. (Workmen’s Compensation Act, Stats. 19.15, see. 15.) The average annual earnings were found to be nine hundred dollars, and the average weekly earnings $17.31. Certain payments having already been made before the institution of the proceedings, the com mission found the balance due to be $209.50. The petitioners, who are the employer and his insurance carrier, attack the award upon the ground, principally, that the evidence does riot sustain the finding with respect, to Bees’ average weekly earnings.

Bees was sixty-eight years of age, and not engaged…