Douglas Aircraft, Inc. v. Industrial Accident Commission

McCOMB, J.

This is a petition to review an award of compensation made by respondent commission in favor of respondent MacDowell (hereinafter referred to as the “employee”) against petitioner Industrial Indemnity Company as the insurance carrier of petitioner Douglas Aircraft Company, Inc.

Facts:

The employee was working for Douglas Aircraft Company, Inc. as a tool control dispatcher. He was employed on the night shift, and it was customary for him on two or three occasions each night to take a three-wheeled motor scooter to deliver blueprints to the blueprint room, pick up other blueprints, and return them to the toolroom.

About 10:40 p.m. on December 11, 1954, he took the motor scooter, went to the blueprint room, picked up blueprints and while returning to the tool booth where he worked he “struck a bump” in the road which threw him off the motor scooter. As a result of this fall he was injured.

[905]

The commission found:

First: The employee was inebriated at the time of the accident;

Second: The employee sustained injuries within the course of his employment; and

Third: The evidence failed to establish that the employee’s injuries were caused by his intoxication.

This is the question presented for our determination:

Was there substantial evidence to sustain the second and third findings of the commission?

Yes.

This conclusion is governed by these rules:

(1) When a finding of fact of the Industrial Accident Commission is attacked on the' ground that there is not any substantial evidence to sustain it, the power of an appellate court

begins

and

ends

with a determination as to whether there is any substantial evidence, contradicted or uncontradicted, which will support the finding of fact.