Rogers Materials Co. v. Industrial Accident Commission

Roger L. Drake, who was employed as the driver of a concrete mixer truck by Rogers Materials Company (hereinafter called the employer) was injured while washing cement dust off the mixer drum of the truck. He filed a claim with the Industrial Accident Commission, alleg ing that the accident was the result of the serious and wilful misconduct of the employer. The commission found in his favor and awarded him the additional compensation authorized by section 4553 of the Labor Code, which provides that where an employee is injured by the serious and wilful misconduct of the employer or his…