I concur. I think, however, that this decision, like that in Empire Star Mines Co. v. California Emp. Com. (1946), 28 Cal.2d 33 [168 P.2d 686], is substantially inconsistent with the holding of this court in Pacific Lumber Co. v. Industrial Acc. Com. (1943), 22 Cal.2d 410 [139 P.2d 892]. The facts of that ease (material to the relationship of the parties) as established by undisputed evidence and the express finding of the commission (for those facts see dissenting opinion, pp. 423 et seq.) when compared with those of the case at bar do not, in my estimation, admit reasonably of affirming an award in the one case and annulling it in the other. I would concede error in the earlier case and squarely overrule it.
A petition by Respondent Commission for a rehearing was denied May 1, 1947. Gibson, C. J., Carter, J., and Schauer, J., voted for a rehearing.