White

This is a proceeding to review and annul a decision of the Workmen’s Compensation Appeals Board, that petitioner take nothing on her application for a supplemental award based on the serious and willful misconduct of the employer of her deceased husband.

On September 10, 1965, while employed by the Bethlehem Steel Corporation in the erection of the steel framework of a multistoried building in the Century City area, Clyde M. White fell to his death from the ninth floor. A stipulated award of death benefits was made based on a finding that he died as the result of injuries arising out of and occurring in *117 the course of his employment. The stipulated award was based on petitioner’s application for death benefits under the laws providing for workmen’s compensation.

Before the stipulated award was made petitioner also filed an application for an award based on the serious and willful misconduct of her husband’s employer as provided in section 4553 of the Labor Code. Following the hearings on this application the referee found that the death “was proximately caused by the serious and willful misconduct of the employer in that Construction Safety Orders 7101, 7104, 7107…