National Automobile & Casualty Insurance Co. v. Industrial Accident Commission

182 P.2d 634 (1947)

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National Automobile & Casualty Insurance Co. v. Industrial Accident Commission

California Court of Appeal
182 P.2d 634 (1947)

Facts

Frank Pitt worked as a manager for Glenn Growers Cooperative (Glenn), which operated a rice drier next door to the Eibe & Huffman Warehouse Company (Eibe). Pitt also worked as a manager for Eibe pursuant to an agreement between Eibe and Glenn. Under the agreement, in exchange for Pitt’s management work at Eibe, Eibe let Glenn use part of its facilities for free. Pitt split his time between Eibe and Glenn, but when Pitt was performing services for one of the entities, he was always on call at the other. Glenn paid Pitt’s whole salary and the workers’-compensation insurance premiums on Pitt’s wages. One day, Pitt was injured while supervising a rice shipment for Eibe, and he applied for workers’-compensation benefits. The Industrial Accident Commission (commission) (defendant) concluded that Pitt was employed solely by Glenn and entered an award of benefits against Glenn’s insurer, National Automobile & Casualty Insurance Company (National) (plaintiff). National asked the California Court of Appeal to annul the award, arguing that Pitt was working solely for Eibe at the time of his injury. National argued in the alternative that Pitt was working for both Eibe and Glenn when the injury occurred, which meant that Glenn and National’s liability should be reduced.

Rule of Law

Issue

Holding and Reasoning (Shinn, J.)

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