Knowles

Certiorari to review an award of the Industrial Accident Commission.

The petition sets forth that on December 10, 1926, one John Swanson was in the employ of petitioner working on the Relief Home of San Francisco. He was a laborer and it was part of his duty to rig the scaffolding used in connection with the work. Subsequently, while he and certain plasterers were on the scaffolding, in the course of their employment, the wall to which the same was attached gave way and fell, precipitating the men to the ground some fifty feet below. As a result of the accident Swanson was killed and the respondents Lundgren, applicants before the Commission, were awarded compensation as partial dependents in the amount of $1,560. This award was accepted by the insurance carrier of petitioner and was paid. In the same proceeding an additional claim was made that petitioner was guilty of serious and wilful misconduct. On June 20, 1927, the Commission made and entered its findings of fact and in addition to normal compensation it found: “Said injury and death was caused hy the serious and wilful misconduct of the employer and the amount of compensation otherwise recoverable for said injury and…