Hillen v. Industrial Accident Commission

The petitioners sought and obtained a writ of certiorari to review a decision of the Industrial Accident Commission awarding Frank M. Downing compensation for injuries received while shingling a building, the sole question presented being whether or not Downing was an independent contractor or an employee of the petitioner Hillen. It was stipulated before the Commission that if Downing was in fact an employee of Hillen, the injury he received arose out of and in the course of his employment.

The facts are without conflict. Hillen was engaged in the business of building and selling homes in the…