James Rolph Co. v. Industrial Accident Commission

This is a proceeding in review to test the validity of an award made by the respondent Industrial Accident Commission to the dependents of Eugene Hayes, who died as the result of injuries sustained while working as a stevedore upon a vessel afloat on the navigable waters of the bay of San Francisco. His employer at the time, petitioner James Rolph Company, carried workmen’s compensation insurance with General Accident, Fire and Life Assurance Corporation, Ltd., who is the other petitioner. This policy is a combined employers’ liability and workmen’s compensation policy, which obligates the insurance carrier to pay the award made by the respondent commission in this case, if the validity of such award shall be sustained.

Eugene Hayes, the deceased employee, at the time of his death, was in the temporary employ of the James Rolph Company, which corporation was, among other things, an importer of coal. On September 5,1922, Hayes was employed and was engaged in his capacity as stevedore upon a vessel, the “West Islip, ” which was discharging a cargo of coal, brought from Newcastle to San Francisco, consigned to the James Rolph Company. The vessel was moored at pier 15, one of the…