BLASDELL et al.
INDUSTRIAL COMMISSION et al
Certiorari from Industrial Commission.
Proceeding under the Workmen's Compensation Act by Severiano Ruelas, claimant, opposed by J. J. Blasdell and L. M. McLeod, doing business as M. B. M. Farms, employer. To review an award of the Industrial Commission of Arizona, Ray Gilbert and others, as members of and constituting the Commission, in favor of the claimant, the employer brings certiorari.
Award set aside.
Jennings, Salmon & Trask, J. A. Riggins, Jr., and Henry S. Stevens, all of Phoenix, for petitioners.
H. S. McCluskey, of Phoenix (John R. Franks, of Phoenix, of counsel), for respondents.
Udall, Judge. Stanford, C. J., and La Prade, J., concur.
[65 Ariz. 374] J. J. Blasdell and L. M. McLeod, a partnership doing business as M. B. M. Farms, bring before us for review an award of the Industrial Commission of Arizona to one Severiano Ruelas for an injury suffered by him. These parties will hereafter be referred
to as the M. B. M. Farms and the Commission, respectively, and the individuals involved will be designated by their surnames.
No dispute exists over the fact of the injury, the only issue being whether the evidence sustains the award of the Commission which was based upon its necessary finding that Ruelas was an employee of the M. B. M. Farms.
The record shows that the M. B. M. Farms were engaged in the business of [65 Ariz. 375] growing, packing and shipping vegetables commercially, for sale in eastern markets. Some of the vegetables which it shipped were grown by it on its own lands, and others were purchased as growing crops to be later harvested, processed, shipped and sold.
In the Spring of 1946 it purchased 115 acres of growing onions near Laveen. In the latter part of April, 1946, Blasdell, on behalf of the partnership, entered into an oral contract with one Armando Canez to harvest this 115 acres of onions. By the terms of the contract Canez was to secure and furnish all of the necessary tools (except a grader which was to be provided by the M. B. M. Farms), employ his own workmen, supervise their work, and deliver to the trucks of the M. B. M. Farms at the field not less than three nor more than eight cars of onions per day. Payment for the work under the contract was to be based upon the price of a finished sack which was computed on the basis of twenty cents per field sack plus thirteen cents per packed out sack. It was further agreed that the onions were to meet a government standard of 85% grade or better.
Ruelas was one of the workmen employed by Canez on this job, his particular duty being to sew up the sacks after they had been filled at the grader some thirty feet from where he worked. The Commission found as a fact that Ruelas ...