CompFox AI Summary
This case concerns a deceased worker's family seeking increased compensation due to alleged serious and willful misconduct by the employer, San Diego Unified School District. The WCAB affirmed the judge's finding that the employer did not engage in serious and willful misconduct, as the employer's actions were deemed a mistake in judgment rather than intentional disregard of danger. The Board also upheld the exclusion of evidence regarding a subsequent remedial measure taken by the employer. A dissenting opinion argued that the employer's decision to send the employee to a dangerous roadside repair location demonstrated reckless disregard for safety, warranting a finding of serious and willful misconduct.
Full Decision Text1 Pages
This case concerns a deceased worker's family seeking increased compensation due to alleged serious and willful misconduct by the employer, San Diego Unified School District. The WCAB affirmed the judge's finding that the employer did not engage in serious and willful misconduct, as the employer's actions were deemed a mistake in judgment rather than intentional disregard of danger. The Board also upheld the exclusion of evidence regarding a subsequent remedial measure taken by the employer. A dissenting opinion argued that the employer's decision to send the employee to a dangerous roadside repair location demonstrated reckless disregard for safety, warranting a finding of serious and willful misconduct.
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