California Shipbuilding Corp. v. Industrial Accident Commission

Petitioner, California Shipbuilding Corporation, seeks annulment of an award of increased compensation made by respondent Industrial Accident Commission in favor of respondent Raymond L. Baker. The award is based upon the proposition declared by section 4553 of the Labor Code, that “The amount of compensation otherwise recoverable shall be increased one-half where the employee is injured by reason of the serious and wilful misconduct of any of the following: ...(c) If the employer is a corporation, on the part of an executive, managing officer, or general superintendent thereof.” The commission found that the injury to Baker “was proximately caused by the serious and wilful misconduct of the employer in that a proper guardrail [around a vent hole] was not provided for the protection of employees in accordance with Section 1827 of the Ship and Boat Building Safety Orders of the Industrial Accident Commission.” Petitioner contends that it was not shown that the misconduct which caused the injury was on the part of an executive, managing officer, or general superintendent of petitioner corporation; that the omission to guard the vent hole was a temporary condition not chargeable to…