Tingey

After making an award of compensation to petitioner Clarence E. Tingey, the Industrial Accident Commission granted a rehearing and then found that- petitioner was employed by Eastern-Columbia, Inc., but that he did not receive any injury arising out of or occurring in the course of his employment.

The employer is in the merchandising business and has branch stores throughout southern California. Tingey had been its display manager for all of its stores for fifteen years. His immediate superior was J. M. Sieroty, the vice-president and general manager of the employer corporation. Sieroty testified that Tingey’s duties were “complete charge of our window displays, interior displays, our cabinet shop, that is a shop for the manufacture and maintenance of fixtures and equipment, as well as designing improvements for the general store operation. In addition to that Mr. Tingey helped us with lay-out of offices and practically all material pertinent to construction. Mr. Tingey also worked very closely with our architect on various building projects, from the smallest project that we have undertaken to the Ninth and Broadway building.” Tingey had no office hours and was authorized to…