Stephens v. Industrial Accident Commission
California Supreme Court
PROCEEDING in Certiorari to annul an order of the Industrial Accident Commission awarding compensation. Award annulled. The facts are stated in the opinion of the court. R. P. Wisecarver and Redman & Alexander for Petitioners.
1Opinion of the CourtWaste, J.
This is a proceeding to review the action of the Industrial Accident Commission in awarding compensation to H. Westlake, the applicant below, who was injured while hauling sand to be used by Stephens, the insured, in the construction of a bridge.
[1] The issue involved is whether or not Westlake was an employee or an independent contractor.
The undisputed facts in the case appear to be that West-lake, the applicant for compensation, had for many years been the owner of wagons of different capacities, and a number of horses. Stephens, one of the petitioners, was a bridge contractor, and had…
2Cases cited4 opinions
- Donlon Bros. v. Indus. Accident Comm'n of Cal.California Supreme Court · 1916
- Fidelity & Deposit Co. v. BrushCalifornia Supreme Court · 1917
- Pryor v. Indus. Accident Comm'nCalifornia Supreme Court · 1921
- Freiden v. Industrial Accident CommissionCalifornia Supreme Court · 1922
3Cited by6 opinions
- Barnes v. MyersCourt of Appeals of Maryland · 1932
- Williams v. BuchananTennessee Supreme Court · 1923
- Clark's CaseSupreme Judicial Court of Maine · 1924
- Clarke v. HernandezCalifornia Court of Appeal · 1947
- Montijo v. Samuel Goldwyn, Inc.California Court of Appeal · 1931
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