Yolo Water & Power Co. v. Industrial Accident Commission

BURNETT, J.

This case comes up on

certiorari

to review the finding of the Industrial Accident Commission to the effect that Pietro Supparto, at the time of his injury, was an employee of the petitioner. Petitioner claims that the evidence shows solely that Supparto was an employee of Wallace, and therefore the commission acted beyond its jurisdiction in awarding Supparto compensation against petitioner. If there be any evidence to support the finding of the commission its award must be sustained.

(Western Indemnity Co.

v.

PillsIwry,

172 Cal. 807, [159 Pac. 721],)

W. C. Wallace was petitioner’s foreman, employed at a wage of $5 a day. He had full authority to hire whomever he pleased to assist him in the company’s work. It is admitted that men so employed were employees of the company, and were so recorded on the company’s books, receiving $2.25 per day. But when a team and a man were hired a lump sum of $4.50 was paid, and the man’s labor was not segregated upon the company’s books, but it appears that the man always received $2.25 and $2.25 went for the team.

Very often Wallace furnished his own team, among others, used by the company, and sometimes employed one of the men on his own ranch to drive it. Wallace directed the performance of the work as foreman, and as far as indicated by the record, directed drivers to exactly the same extent as he did the undoubted employees working under .him "for petitioner. Supparto had always dealt with Wallace as foreman, had worked for petitioner under him innumerable times as a laborer, and had always been paid by check by petitioner directly, with the exception that upon one occasion a few days before his accident he had worked as a driver, for which he had not been paid at the time of his injury. On the day of the accident Supparto had applied as usual to Wallace for work, and Wallace had told him he could use him on the Central Canal. Thereupon Wallace, with Supparto, drove to the canal, and proceeded to.unload hay, when the injury

[16]