Bethlehem Steel Co. v. Industrial Accident Commission

The Industrial Accident Commission made an award of increased compensation to the dependents of *661 Charles W. Brinkley for his death on the ground that it was caused by the serious and wilful 3nisconduct of Bri3ikley,s employer, Bethlehem Steel Company, a corporation. The death occurred during and arose out of the course of Brinkley’s employment. The emplóyer now petitions to have the award annulled.

The Industrial Accident Commission found that petitioner was guilty of serious and wilful misconduct through its executive, managing officers and general superintendents, in that it had knowingly and wilfully violated a safety order of the Commission reading as follows: “Transportation by Trucks, (d) Workmen shall not ride on top of loads that may shift, topple over, or become unstable, (e) All loads shall be secured against displacement.” (Emphasis added.)

Petitioner’s main contention is that the evidence is insufficient to support the foregoing finding.

On December 31, 1940, Brinkley, a structural steel worker, was working with a crew loading, hauling and unloading steel beams. The general work in progress was the dismantling of a building. The steel was removed from the…