General Petroleum Corp. v. Industrial Accident Commission

CONREY, P. J.

Application was made to the Industrial Accident Commission for a compensation award on account of the accidental death of Joseph E. Parks, resulting from injuries occurring in the course of and arising out of his employment by petitioner, General Petroleum Corporation, the applicants being dependent members of the employee’s family. In addition to an award made against the insurance carrier, the Commission found that said injury and death was caused by reason of the serious and wilful misconduct of “the executive or managing foreman, or general superintendent” of said employer, and for that cause an additional award was made against the employer. The employer, after proceedings in due course, applies to this court for a writ of review.

Awards of this class are provided for by section 6 (b) of the Workmen's Compensation etc. Act of 1917 (Stats. 1917, p. 831). In the recent case of

Clarke

v.

Industrial Accident Commission,

87 Cal. App. 766 [262 Pac. 471], we referred to some of the decisions which have explained and illustrated the phrase “serious and wilful misconduct.” We also held in that ease, in accordance with cited decisions, that the finding of the Commission of the fact of serious and wilful misconduct as charged was a finding of ultimate facts, and that it was not necessary to make specific findings upon probative matters. The findings now before us, which are of similar form and effect to those in the Clarke ease, are a sufficient determination of the issue.

It further appears that the evidence is sufficient to support these findings. Briefly stated, the accident occurred as follows: Certain work of the employer was being carried on under a wharf at Wilmington, and it became necessary to make a change in a gasoline pipe-line. The job was being performed under the direction of one George Leinbach, who as foreman was in charge of the work. At a certain stage of the work when some welding of pipe flanges was about to be done, the employees discovered a strong odor of gas, and went out from under the dock to allow the gas to escape. After waiting “fifteen minutes to half an hour,” the welder, one Merle Wilson, went back to the work and

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