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ROGERS MATERIALS CO. v. IND. ACC. COM.

Docket No. Sac. 7659.

63 Cal.2d 717 (1965)

408 P.2d 737

48 Cal. Rptr. 129

ROGERS MATERIALS COMPANY, Petitioner, v. INDUSTRIAL ACCIDENT COMMISSION and ROGER L. DRAKE, Respondents.

Supreme Court of California. In Bank.

December 20, 1965.

Attorney(s) appearing for the Case

Mullen & Filippi and William J. O'Neil, Jr., for Petitioner.

Everett A. Corten and Rupert A. Pedrin for Respondents.

MOSK, J.

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, alleging 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...

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