American Smelting & Refining Co. v. Workers' Compensation Appeals Board

This case is before us pursuant to our issuance of a writ of review to consider the finding of the Workers’ Compensation Appeals Board that American Smelting & Refining Co. committed serious and wilful misconduct within the meaning of Labor Code section 4553 so as to result in the injury of applicant, Robert Rael. The award in favor of applicant increased the amount of compensation otherwise recoverable by the injured employee in accordance with the provisions of section 4553. The sole issue presented in the petition before us and in the hearings before the Workers’ Compensation Appeals Board is whether the employee was injured by reason of the serious and wilful misconduct of petitioner.

On July 17, 1974, respondent was injured when his left index finger came into contact with a movable part of an “alligator shears” machine he was operating in the course of his employment. Alligator shears is a large stationary machine which is used to cut large pieces of metal into smaller pieces, which are then fed into another machine called a “bricker.” The machine is self-operating; that is, the “jaws” open and close automatically at a rate of 15-20 times per minute. This is…