Wolters

Wolters v. Industrial Accident Commission

Good Law
1963 Cal. App. LEXIS 1508·223 Cal. App. 2d 136·35 Cal. Rptr. 549
Court of Appeal of CaliforniaDecember 6, 1963Civ. No. 10635California1,269 words

Opinion

Lead Opinion

Friedman, J.

Petitioner Henry J. Wolters is a painting contractor. Two experienced painters employed by him, Charles McGee and Walter Van Heukelem, were injured by the collapse of a scaffold. The employees applied to the In *139 ¿historial Accident Commission for an augmented award of compensation, charging serious and wilful misconduct of their employer. 1 The commission granted the awards and Wolters seeks review in this proceeding.

The accident occurred while McGee and Van Heukelem were painting the side of a house. On the morning of the accident the two employees met Wolters and Elden Edens, his foreman, at the house to get the job started. The house was two stories high with a gable above the second story. McGee and Van Heukelem were to start by painting one side of the house, which was a gable end. That side of the house rose to a peak, which had a maximum height of 31 feet. A concrete driveway ran alongside. The employees were provided with two 20-foot extension ladders and a scaffold plank, which was 14 inches wide and 18 feet long. A triangular-shaped metal device, called a ladder jack, hooked to each ladder and supported the scaffold plank at each end. This kind of “ladder jack…

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