Ragos v. Industrial Accident Commission

JOHNSON, J.,

pro

tem.

This is a proceeding on the petition of Edward Ragos for a review of an award against

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him by the Industrial Accident Commission in favor of Mrs. Maria L. Schroeder for payment of $184.19, together with the sum of $14.82 per week from March 27, 1926, until termination of disability or the further order of the Commission. The award is based upon a finding that Mrs. Schroeder was temporarily disabled by reason of an injury sustained on December 22, 1925, in the course of and arising out of her employement while employed both by the petitioner and Mrs. A. M. Allen, his mother-in-law, the award being not only against Ragos but also against Mrs. Allen. The petition for review is, however, that of Ragos alone; and the sole question involved is whether there is sufficient evidence in the record to support the award against him. Neither Ragos nor Mrs. Allen carried compensation insurance.

The matter was first heard before Letus N. Crowell, referee, on April 20, 1926, and his decision in favor of Mrs. Schroeder, and against both Ragos and Mrs. Allen, was approved and award made by the Commission on April 29th. Thereafter, on the petition of Ragos and Mrs. Allen, a rehearing was granted to consider further whether both were the employers or only one; and on July 26, 1926, the parties and their witnesses were examined at length before A. B. Harris, referee, after which the Commission, on September 15, 1926, re-adopted the original findings and reaffirmed the award previously made against both Ragos and Mrs. Allen.

Ragos was the owner of an apartment house in Long Beach, containing twenty-five apartments and known as the Ward Apartments. The house and the furniture had been leased to a tenant named Morris, whose management, after a trial of a few weeks, proved unsuccessful; and before the injury to Mrs. Schroeder, Ragos had resumed possession and had made some business arrangement regarding the premises with his mother-in-law, Mrs. Allen. Mrs. Allen testified that she had bought the furniture from Ragos, while Ragos said he had leased the building with the furniture to Mrs. Allen; and there was introduced in evidence a lease bearing date December 12, 1925, which is in terms a lease for one year of the apartment house with its furnishings and furniture at a rental of $350 a month. Under previous tenants the