Sutter Butte Canal Co. v. Industrial Accident Commission

Petitioner-employer, a corporation, seeks annulment of an award of increased benefits based upon a finding of respondent Industrial Accident Commission that *140the death of one of petitioner’s employes was caused by the employer’s serious and wilful misconduct. (See Lab. Code, § 4553.) We have concluded that the award cannot be sustained, in that the evidence is insufficient to establish the minimum elements of serious and wilful misconduct as those elements are enunciated in Mercer-Fraser Co. v. Industrial Acc. Com. (1953), ante, p. 102 [251 P.2d 955], and cases there cited, and that the award…