Hawaiian Pineapple Co. v. Industrial Accident Commission

This is a proceeding in review to annul an award by the Industrial Accident Commission of additional compensation to Kenneth Churchill, an employee of the petitioner, pursuant to the provisions of Labor Code, section 4553. An award of normal compensation is not contested. The award of $15 per week additional compensation was based upon a finding that an industrial injury suffered by the employee was caused by the “serious and wilful misconduct” of the employer.

The employee operated a fork lift truck at the employer’s cannery in San Jose. Switch tracks used by the Southern *659Pacific Company ran…