Nelson v. Metalclad Insulation Corp.

On March 6, 1969, appellant Nelson was employed within the embrace of section 3600 of the' Labor Code by respondent Metalclad Insulation Corporation (Respondent), performing a roofing job in Oxnard under the orders of Respondent’s superintendent, Ealic Terry, during the course of which he was hurled to the ground 25 feet below by a gust of wind and suffered crippling injuries.

. On March 18, 1969, appellant filed a claim pursuant to the Workmen’s Compensation Act (Act) with Workmen’s Compensation Appeals Board (Board) against Respondent, and on August 20, 1971, with the approval of Board, appellant compromised and settled his claim against Respondent for the sum of $23,500, which has been paid.

On March 4, 1970, appellant filed the complaint at bench against Respondent, its superintendent Terry, and others as defendants. The complaint alleged in the second and third causes of action thereof that his injuries were proximately caused as the direct consequence, among other things, of Terry’s order to him to work on the roof in a heavy wind without proper scaffolding, and that because of such wilful and reckless conduct he suffered compensatory damages in the sum of…