Bay Shore Laundry Co. v. Industrial Accident Commission

The commission awarded one Paul Verdier compensation in the sum of $675 for injuries received while in the employment of petitioner, and the question involved herein is whether said commission exceeded its jurisdiction in making said award. In fact, the only question in dispute -before us is whether the applicant is chargeable with “willful misconduct” within the contemplation of the “Workmen’s Compensation, Insurance and Safety Act” (Stats. 1913, p. 279). Subdivision 3- of section 12 of said act excludes from its beneficial provisions every case where the injury is proximately caused “by willful misconduct of the injured employee.” As to this, the law was changed in 1917, but the amendment did not take effect until January 1, 1918, and it is not disputed that the said statute of 1913 is applicable to the case at bar.

There is herein no controversy as to the facts, but the whole argument revolves around the conclusion of the commission that the applicant was not guilty of wiTful misconduct. The view of the case, taken by the commission, may be had from the following findings:

It is to be observed that the commission does not find what caused the safety guard to be displaced. The…