Globe Indemnity Co. v. Industrial Accident Commission

This is an application for a writ of review for the purpose of determining the lawfulness of an award and certain orders of the Industrial Accident Commission. The petitioner is the insurance carrier of Robert A. Gebhardt, the owner of a restaurant, who had in his employ the respondent, Ernest Kopp, a cook, and one Paul Griffith, who was a dishwasher and roustabout. As the result of an altercation between the two men, Griffith struck Kopp on the head,. breaking his jawbone and inflicting other injuries. Kopp, in due time, presented to the Industrial Accident Commission a claim for the injuries thus received. An award was made in Ms favor, wMeh is the subject of the present inquiry.

It appears that early on a morning in September, 1922, Kopp, the cook, was preparing breakfast at the restaurant. There were many pots and kettles lying around awaiting washing from the day before, and Kopp requested Griffith to clean them up, which the latter started to do. In doing the work, apparently he placed some of the unwashed dishes in the sink which the cook desired to use, and an altercation arose between the two men which resulted in the blow and injury just described.

The record is…