Abron

Petitioner Eugene L. Abron, seeks annulment of a decision and order of the Workmen’s Compensation Appeals Board (hereafter Board) on reconsideration finding that his industrial injury was not proximately caused by the serious and wilful misconduct of his employer (hereafter Employer) respondent, National Supply, a division of Armco Steel. The decision rescinded the prior award made on this ground by one of its referees against the Employer in the amount of $3,156.15. (Lab. Code, § 4553.)

Petitioner contends that this decision and order should be annulled because the Board, through its referee, denied petitioner constitutional due process of law in that: (1) his request for a prehearing inspection by his expert witness on safety procedures of both the Employer’s premises where the injury occurred and of certain equipment involved in the injury was arbitrarily denied, and (2) his counsel’s examination of this witness at the subsequent hearing on the issue of the Employer’s possible serious and wilful misconduct was unduly restricted. Both of these contentions have merit and we will, therefore, annul the Board’s award for further proceedings before it consistent with the…