CompFox AI Summary
The applicant sought reconsideration of a WCJ's finding that the employer's actions did not constitute serious and willful misconduct, thus denying additional benefits under Labor Code § 4553. The applicant had previously settled his industrial injury claim for $60,000, but the settlement explicitly excluded the serious and willful misconduct claim. The Appeals Board denied the petition for reconsideration, adopting the WCJ's reasoning that the employer's conduct, while negligent, did not rise to the level of serious and willful misconduct. The Board also noted the applicant's petition violated procedural rules regarding spacing, cautioning counsel for future compliance.
Full Decision Text1 Pages
The applicant sought reconsideration of a WCJ's finding that the employer's actions did not constitute serious and willful misconduct, thus denying additional benefits under Labor Code § 4553. The applicant had previously settled his industrial injury claim for $60,000, but the settlement explicitly excluded the serious and willful misconduct claim. The Appeals Board denied the petition for reconsideration, adopting the WCJ's reasoning that the employer's conduct, while negligent, did not rise to the level of serious and willful misconduct. The Board also noted the applicant's petition violated procedural rules regarding spacing, cautioning counsel for future compliance.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.