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FOREWORD.

The Employers' Liability (Compensation) Act, Chapter 399, Laws of 1911, popularly known as the Roseberry Act, was an elective compensation act and applied only to those filing notice of their intention to come under its provisions. It was approved April 8, 1911, and was effective September 1st of the same year.

On October 10, 1911, the State Constitution was amended by adding Section 21 to Article XX authorizing further legislation to provide for the compensation law in a compulsory form. The scope of this amendment has been defined by the Supreme Court of the State of California in the case of Western Metal Supply Company vs. Industrial Accident Commission, decided in March, 1916, and reported in this volume.

On May 26, 1913, the Workmen's Compensation, Insurance and Safety Act, Chapter 176, Laws 1913, popularly known as the Boynton Act, was approved, superseding the prior Roseberry Act. It went into effect on January 1, 1914. The Workmen's Compensation Act is a compulsory compensation measure, and includes all classes of labor with the exception of farm, dairy, agricultural, viticultural or horticultural labor, stock or poultry raising, household domestic service, and employments which are both casual and not in the usual course of the business of the employer.

This Act was amended by the legislature of 1915 in many minor respects, such amendments being found in Chapters 420, 541, 607, and 662 of the Laws of 1915, and becoming effective on August 8, 1915. The only change of major importance accomplished by these amendments was the extension of the Act to cover occupational diseases. This was accomplished by striking out the requirement of proof of an accident, leaving all injuries compensable which occur in the course of and arise out of the employment, whether accidental or otherwise.

DECISIONS.

(No. 561-January 8, 1915)

(Chapter 176, Laws 1913)

NETTIE F. WALKER, Applicant, vs. SANTA CLARA OIL AND DEVELOPMENT COMPANY (A CORPORATION), OIL PUMPING AND GASOLINE COMPANY (A CORPORATION), WESTERN INDEMNITY COMPANY, AND CHARLES WEST, Defendants.

EMPLOYER AND EMPLOYEE-TRANSFER OF EMPLOYEE.-Where the "A" corporation employs a man to work at its oil well, and thereafter contracts with the "B" corporation for the latter to install certain oil pumping machinery, and the "A" corporation allows its employee to aid in the installation of such machinery, such installation having beer delayed and both companies being financially embarrassed, and such employee is killed by an explosion of the oil well while aiding in installing the machinery, such employee is at the time of his death in the employment of the "A" corporation, and not in the employment of the "B" corporation. This case is distinguishable from the loaning of a servant to another employer, in that in the present tase 'the employee remained at all times under the general direction and control of the "A" corporation, and was aiding in work upon the premises of the "A" corporation for the mutual benefit of both companies, and not for the sole benest of the "B" company.

LIABILITY OF INSURANCE CARRIER-CONTRACT OF INSURANCE UNLIMITED POLICY.-Where a policy of insurance issued by an insurance carrier to an employer purports to insure the latter against all liability arising under the Workmen's Compensation, Insurance and Safety Act, whether for injuries to employees or for injuries to employees of subcontractors, and where no limitation of liability is set out in said policy in large type as prescribed in section 35 (a) of the act, such policy of insurance protects the employer against accidents to employees of subcontractors, even though a statement be contained in the schedule of estimated pay roll of the employer, to the effect that no work was being done, at the time the policy was taken out, by subcontract. JURISDICTION OF INDUSTRIAL ACCIDENT COMMISSION-POWER TO CONSTRUE POLI

CIES OF INSURANCE.-The contention that the Industrial Accident Commission is a court of limited jurisdiction and has no power to construe written instruments, is unsound. The Industrial Accident Commission is vested with jurisdiction to determine all questions of liability arising under the Workmen's Compensation, Insurance and Safety Act, and has the power to examine and construe a policy issued by an insurance carrier, protecting the employer against liability for injuries to his employees, should examination be necessary in determining the liability imposed by the act, either upon the employer or upon the insurance carrier.

The facts are stated in the opinion. The applicant was awarded a death benefit in the sum of two thousand, six hundred twenty-six dollars and forty-four cents ($2,626.44) payable at the rate of ten dollars and ninety-four cents ($10.94) per week. This award was made payable by the defendant Western Indemnity Company. The defendants Oil Pumping and Gasoline Company, and Charles West, were discharged from all liability, and the defendant Santa Clara Oil and

Development Company dismissed on the substituting for it of its insurance carrier, the Western Indemnity Company.

A. Moore, attorney, for Applicant.

H. D. Hoover, attorney, for Defendants Charles West and Santa
Clara Oil and Development Company.

Robert T. Linney, attorney, for Defendant Oil Pumping and Gaso-
line Company.

P. A. Cooling, general agent, and G. A. McElroy, attorney, for
Defendant Western Indemnity Company.

OPINION.

The facts in this proceeding are extremely complicated but not difficult of solution. It appears.froin the testimony produced that Henry W. Walker, the husband of the applicant, was killed by the explosion of an oil well.upon which he was working at Santa Paula, Ventura County, on July 30, 1914. At the time of his death his wages were being paid by the Santa Clara Oil and Development Company, who had hired in some months before. The Santa Clara Oil and Development Company had previously entered into a contract with the defendant:Qu Pumping and Gasoline Company by which the latter was to install, at its oil well, a new system of pumping known as "Turner's improved process." By the terms of the contract the Oil Pumping and Gasoline Company agreed to erect the necessary pumping plant with a provision that after the machinery should be installed the Santa Clara Oil and Development Company should furnish the labor and fuel for its operation and pay a certain royalty for the use of the machinery.

The relation of these circumstances to the liability for the death of the said Henry W. Walker lies in the fact that Walker was aiding, at the time of the accident, with other employees of the Santa Clara Company, the Oil Pumping and Gasoline Company in hastening its installation of the plant. Both companies are shown by the testimony to have been financially embarrassed, and it further appears that the Oil Pumping and Gasoline Company had become delayed in completing the installation. Before the pumping plant had been fully installed or accepted the explosion occurred in which both the inventor and the deceased employee, Henry W. Walker, lost their lives.

The only resistance of liability for compensation is on the part of the Western Indemnity Company, the insurance carrier for the Santa Clara Oil and Development Company. This defendant claims, (1) That its policy of insurance does not cover injuries to employees of subcontractors; and (2) That Walker had been loaned by the Santa Clara Oil and Development Company to its subcontractor, the Oil

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