Myers

The petitioner seeks in this proceeding to annul the action of the Industrial Accident Commission in awarding compensation to Joseph G. Renteria for injuries found by the respondent to have been sustained by the employee in the course of and -arising out of his employment at the winery of the petitioner near Livermore. While working about a vat of boiling sherry wine, Renteria was severely burned by an explosion caused by alcoholic fumes from the vat becoming ignited from a lighted candle which Renteria was using in his work.

The petitioner contends that there is no evidence in the record supporting the finding that the applicant sustained his injuries in the course of and arising out of his employment, and that he was, at the time, reasonably engaged in the performance of his work. The evidence taken before the Commission shows that Renteria was working around petitioner’s winery as a laborer. He seems to have had no special duties to perform, but did whatever he was told to do by Mr. Jaffe, the foreman in charge of the place. The interior of the winery was dark, and much of the work had to be carried on by the aid of artificial light. There were electric lights in and about the…