National Automobile Insurance v. Industrial Accident Commission

This is a proceeding to review an award of the Industrial Accident Commission.

George Ivy met his death while employed to drive an oil truck and trailer which was sublet by Miller Oil Products to Pathfinder Petroleum Company. Ivy’s widow and minor son applied for death benefits against both concerns. The commission found that both were employers, that both were subject to the Workmen’s Compensation Act, and that they were jointly liable. An appropriate award was made in favor of the surviving dependents against Miller Oil Products as general employer, and Pathfinder Petroleum Company .as special employer. The insurance carriers were held jointly liable for payment of the award and the employers were dismissed. National Automobile Insurance Company, carrier for Miller Oil Products, seeks to annul the order affecting its liability.

It is conceded that Ivy met his death in the course of his employment and from causes arising out of the employment; that his widow and minor son are entitled to any benefits awarded; and that Pathfinder Petroleum Company was an employer, The sole question presented is the sufficiency of the evidence to justify the finding and conclusion of the…