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STATE DEPT. OF CORRECTIONS v. WORKMEN'S COMP. APP. BD.

Docket No. Sac. 7895.

5 Cal.3d 885 (1971)

489 P.2d 818

97 Cal. Rptr. 786

STATE DEPARTMENT OF CORRECTIONS, Petitioner v. WORKMEN'S COMPENSATION APPEALS BOARD and JERRY I. JENSEN, Respondents.

Supreme Court of California. In Bank.

October 28, 1971.

Attorney(s) appearing for the Case

COUNSEL

T. Groezinger, Loton Wells and Philip M. Miyamoto for Petitioner.

Rupert A. Pedrin, Jon L. Gateley, Wilke, Fleury, Sapunor & Hoffelt and William A. Gould, Jr., for Respondents.

OPINION

MOSK, J.

Section 4553 of the Labor Code provides that the amount of compensation otherwise recoverable by an employee who suffers an industrial injury shall be increased by one-half if the injury results from the serious and wilful misconduct of the employer. The question before us is whether this provision is applicable if the employer is a governmental entity. We answer affirmatively and hold that the Workmen's Compensation...

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