Occidental Indemnity Co. v. Industrial Accident Commission

Petitioner, the insurance carrier of the owners and operators of a fishing boat named “Betsy Ross,” *311 seeks a review of an award of the Industrial Accident Commission to Steve Euljanovieh, a fisherman-seaman employee of the owners, for an injury received in the course of his employment under the Workmen’s Compensation Law of this state.

The facts are not disputed. On May 4, 1942, Euljanovieh was in the employ of the owners and operators of a fishing vessel named “Betsy Eoss,” as a seaman fisherman when he received an injury arising out of and in the course of his employment. The day before the accident he had been employed by the owners of the boat as a member of the crew to engage in fishing off the shores of California. On the day of the injury the boat was in the Los Angeles harbor and Euljanovieh was assisting in preparing it for the fishing expedition. At his employer’s request he went to a warehouse on the shore to obtain a net to be used in fishing and while there received the injury mentioned. It was not until some time later that the boat left on the expedition.

The commission found that Euljanovieh was injured while in the course of his employment as a seaman…