Erickson

Petitioner, Clarence F. Erickson, seeks annulment of a decision of the Workmen’s Compensation Appeals Board (hereinafter, “board”) after reconsideration, in which the board found it was not true that petitioner was injured by reason of serious and willful misconduct on the part of his employer (respondent State of California) or of a managing representative of the employer. The board ordered that petitioner take nothing on his claim for increased benefits. We issued a writ of review.

Erickson, a rotary pressman, sustained injury to both arms and hands arising out of and occurring in the course of his employment on November 2, 1962, when his hands were caught between the rollers of a rotary press which he was cleaning at the state printing plant. At the time of the accident, while the press was idling for “washup” with the guard removed, one of Erickson’s hands was drawn into the press, and in trying to free his hand, the other hand was also caught and he was drawn farther and farther into the press. The machine continued to operate until other workmen discovered him and turned off the power.

The referee found that “[t]he injury was proximately caused by the serious and…