Nelson v. Metalclad Insulation Corp.

Opinion

ROTH, P. J.

On March 6, 1969, appellant Nelson was employed within the embrace of section 3600 of the' Labor Code

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by respondent Metalclad Insulation Corporation (Respondent), performing a roofing

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job in Oxnard under the orders of Respondent’s superintendent, Ealic Terry, during the course of which he was hurled to the ground 25 feet below by a gust of wind and suffered crippling injuries.

. On March 18, 1969, appellant filed a claim pursuant to the Workmen’s Compensation Act (Act)

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with Workmen’s Compensation Appeals Board (Board) against Respondent, and on August 20, 1971, with the approval of Board, appellant compromised and settled his claim against Respondent for the sum of $23,500, which has been paid.

On March 4, 1970, appellant filed the complaint at bench against Respondent, its superintendent Terry, and others as defendants. The complaint alleged in the second and third causes of action thereof that his injuries were proximately caused as the direct consequence, among other things, of Terry’s order to him to work on the roof in a heavy wind without proper scaffolding, and that because of such wilful and reckless conduct he suffered compensatory damages in the sum of $500,000 and is entitled to punitive damages in the sum of $1,000,000.

Respondent alone moved for and obtained a summary judgment. There is no showing, nor is there any contention, that Respondent was not insured as required by the Act, and the facts as already recited show that appellant filed a claim with Board and that the claim has been paid.

Appellant makes two contentions: this action is within the exception provided by section 3600, to wit, section 3706, and that the Act, insofar as it deprives him of an action at law predicated on wilful and reckless conduct, violates the due process and equal protection clauses of the Fourteenth Amendment of the United States Constitution and is, therefore, unconstitutional.