Kelso v. Rice

AdKINS, J., delivered the opinion of the Court. Louis Bice, the appellee, was for about twenty-two- years in the employ of Scott Kelso, one of the appellants. Kelso for most of that time was in the livery business-, but later went into the garage business. Bice was a sort of handyman aibo-ut the garage and also did repair work on several houses which Kelso owned and rented to tenants.

Scott Kelso-, trading as Kelso G-arage, was insured under the Workmen’s Cc.mjiensa.tion Laws. The only evidence in the record of what the insurance policy covered is in the “certificate of insurance” of the insurance department of the State Industrial Accident Com ²⁷³ mission, giving the number of the claim, the name of the claimant .and the name of the employer, the latter being designated as follows: “Employer — Scott Kelso, trading as Kelso Garage.” Following; this description the certificate further states: “According to the insurance records of the State Industrial Accident Commission, the above named employer was on the 7th day of December, 1922, insured in compliance with the provisions of the Workmen’s Compensation Laws, as follows: Travelers Ins. Cod’ The Travelers Insurance Company is the other appellant, it is contended by appellants that, “the policy issued to Kelso by the Travelers Insurance Company was to cover1 the employment of Kiee and other employees at the garage.” The accident out of which this case grew happened on December 22nd, 1922, while Kiee was working on the roof of a shed -which, he was building at Kelso’s place of residence for his son. The claim was allowed by the Industrial Accident Commission and, on appeal to the Circuit Court for Allegnay County, the finding of the commission was sustained by a jury, .and the court passed an order overruling a motion for a new trial, and ratifying and confirming the award of the commission.

From that j udgment this appeal was. taken. It appears from a record of the proceedings before the commission, filed in the case on appeal to the circuit court, that the notice of the hearing sent by the commission was as follows: “Baltimore, Maryland, March 22nd, 1923. “Mr. Louis K. Kiee (Claimant), “LaYale, Long-, Allegany Co., Md. “Scott Kelso, trading as Kelso Garage (Employer), “S. Liberty St., Cumberland, Md. “Travelers Insurance Go. (Insurer). “T. C. Gennary, Esq., 316 Munsey Building, Baltimore, Md. “Relative to Louis R. Rice, injured December 7th, .1922, while in the employ of Scott Kelso, trading as Kelso Garage. A hearing in this ease has been re ²⁷⁴ quested by some of the parties interested, on tbe following grounds: “(1) To determine if tbe condition suffered by tbis party, and disability, was caused by an accident arising out of and in course of bis employment. “Tbis bearing will be conducted by tbe Commissioner under tbe authority of tbe Commission, on Tuesday, April 3rd, 1923, at 9.15 A. 1L, at City Hall, Cumberland, Md. “Please accept tbis notice to be present if you so desire, and notify tbe Commission if you bave any witness whom you desire to bave summoned; also sign, detacb and mail to tbis Commission tbe attached form of acknowledgment. “State Industrial Accident Commission. “A. E. Brown, Secretary.” The award of the commission was as follows: “A bearing was granted and held in tbe City of Cumberland on April 3rd, 1923, to determine tbe following issue raised in tbe above entitled case by tbe insurer: (1) To determine if tbe condition suffered by tbis party, and disability, was caused by an accident arising out of and in course of bis employment.

At said bearing all parties were present and beard, and after due consideration of tbe testimony then taken tbe Commission finds for tbe claimant on tbe issue raised, and further finds : “That Louis It. Bice was injured on tbe 7th day of December, 1922, while in tbe employ of Scott Kelso, trading as Kelso Garage; that bis injuries consisted of injury to left arm and leg; that bis average weekly wage was $28.00; that said injury arose out of and in tbe course oí bis employment, and that be was temporarily totally incapacitated as a result of said injury. “It is, therefore, tbis 24th day of April, 1923, by tbe State Industrial. Accident Commission, ordered that Scott Kelso, .trading as Kelso Garage, employer, and Travelers’ Insurance Company, insurer, pay unto Louis B. Bice compensation at tbe rate of $18 per week, payable weekly, during tbe continuance of bis disa ²⁷⁵ bility, subject to the provisions of the 'Workmen's Compensation Law, said compensation to begin as of the 11th day of December, 1922, and that