Green

Petitioner seeks annulment of the award of the respondent Commission granting him the ordinary compensation prescribed by the Workmen’s Compensation, Insurance and Safety Act but denying him additional compensation upon his claim of serious and wilful misconduct.

Petitioner had been employed for many years as a boilermaker by respondent Western Pipe and Steel Company, a corporation. In 1929', the company was engaged in constructing a number of steel tanks for the storage of oil on a lease of the General Petroleum Company near Bakersfield. On December 5,1929, petitioner was injured on that job when a hoisting derrick collapsed while being used to complete the construction of one of said steel tanks. H. B. Ritchie was the “foreman” on said job while one Cordova was the “assistant foreman” directing the work on the particular tank when petitioner was injured. Petitioner was given medical treatment and was paid approximately $4,000 in compensation. A dispute apparently arose over an alleged loss of hearing resulting from the injuries and petitioner filed his application with the respondent Commission on February 1, 1932. No claim of serious and wilful misconduct had been made up to…