Clarke v. Industrial Accident Commission

Briefly, the facts appear to be that an employee of petitioners was killed by a slide of earth on a cut on a hillside at a point where the employee was engaged in shoveling soil from a trench preparatory to the construction of a retaining wall.

At the hearing of the application by the widow of the employee for compensation arising from his death, among other things, the respondent Commission found: “Said injury was caused by reason of the serious and wilful misconduct of the employers and/or their managing representative. The applicant is entitled to have the amount of compensation otherwise…