Pacific Coast Casualty Co. v. Industrial Accident Commission

Certiorari to review an award of the Accident Commission.

William Angus was president of White Gulch Mining Company. While acting as superintendent of its mine he entered the mine and met his death through asphyxiation. Application for compensation was made by his widow, Pacific Coast Casualty Company, as insurance carrier, being joined with the Mining Company. The commission made an award against both defendants. The petition for review was presented by the Casualty Company alone.

In addition to other points, the petitioner contends that Angus, if shown to be in the employ of the Mining Company, was not within the class of employees whose injuries were covered by the policy of insurance issued by it. If this position be well taken, the award against the Casualty Company cannot, of course, stand.

At the hearing before the commission it was stipulated between all the parties to the proceeding that the Mining Company had “a Workmen’s Compensation policy with the Pacific Coast Casualty Company covering the employees operating in its mining properties at Coulterville covering miners, hoistmen, surface trammen, timekeeper and roustabout, mill-men, blacksmith and helper, and cook and…