State Compensation Insurance Fund v. Industrial Accident Commission

Petitioner seeks the annulment of an award of compensation against it as the insurer of Carrico & Gautier found to be the general employer of the injured workman. The award also runs against the insurer of a company found to be the special employer. Petitioner contends that the evidence is insufficient to establish the general employment; that it was improperly joined as a party defendant; and that *280 the claim, as to it, is barred by the statute of limitations. (Lab. Code, § 5405.)

Carrico & Gautier, hereinafter called Carrico, the petitioner’s insured, had a general contract to erect a warehouse at Marinship, Sausalito. Among several subcontractors was Arch Rib Truss Company, hereinafter called the Arch Company. In the construction of the warehouse Carrico erected uprights and put in crossbeams, and the Arch Company then furnished trusses and the labor for placing them. Carrico and the Arch Company shared an office at Marinship and the employees of each wore identification badges issued by the shipyard bearing the name of Carrico.

Carrico rented a crane and oral arrangements were made for the Arch Company to share in its use. The same crew operated the crane for both. If…