General Petroleum Corp. v. Industrial Accident Commission

Application was made to the Industrial Accident Commission for a compensation award on account of the accidental death of Joseph E. Parks, resulting from injuries occurring in the course of and arising out of his employment by petitioner, General Petroleum Corporation, the applicants being dependent members of the employee’s family. In addition to an award made against the insurance carrier, the Commission found that said injury and death was caused by reason of the serious and wilful misconduct of “the executive or managing foreman, or general superintendent” of said employer, and for that cause an additional award was made against the employer. The employer, after proceedings in due course, applies to this court for a writ of review.

Awards of this class are provided for by section 6 (b) of the Workmen's Compensation etc. Act of 1917 (Stats. 1917, p. 831). In the recent case of Clarke v. Industrial Accident Commission, 87 Cal. App. 766 [ 262 Pac. 471 ], we referred to some of the decisions which have explained and illustrated the phrase “serious and wilful misconduct.” We also held in that ease, in accordance with cited decisions, that the finding of the Commission of the fact…