Great Western Power Co. v. Industrial Accident Commission

This is a proceeding in certiorari on a petition by the Great Western Power Company of California, a corporation, to review the action of the respondent Industrial Accident Commission allowing an award against petitioner in favor of respondent E. L. Holbrook for injuries-received by him, while employed by petitioner.

Respondent Holbrook was employed by petitioner in the capacity of pumpman at Belden, California. While in the performance of his duties he was walking from the tool-house to a shaft or tunnel in which he was working. On his way to the shaft he passed over a board platform on which two fellow-workmen were engaged in a friendly wrestling match. The scuffling was not caused by any dispute or altercation over the work or over anything connected with the employment, and respondent was -not participating in it. The wrestlers accidentally fell on him and broke his left leg. He was incapacitated for two months, and applied to the Industrial Accident Commission for compensation under the Workmen’s Compensation, Insurance and Safety Act. A hearing was had by that body and it was found the respondent sustained injury occurring in the course of, and arising out of, his…