CompFox AI Summary
The Workers' Compensation Appeals Board denied reconsideration of a finding that San Quentin State Prison committed serious and willful misconduct. The applicant, an inmate kitchen worker, sustained a right shoulder injury on June 18, 2008, after being ordered to work despite presenting medical documentation of his injury and post-surgical condition. The Board upheld the Administrative Law Judge's finding that prison officials' failure to acknowledge and act on the applicant's medical limitations constituted a reckless disregard for his safety, proximately causing his injury. The employer's arguments regarding perjured testimony and newly discovered evidence were rejected.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied reconsideration of a finding that San Quentin State Prison committed serious and willful misconduct. The applicant, an inmate kitchen worker, sustained a right shoulder injury on June 18, 2008, after being ordered to work despite presenting medical documentation of his injury and post-surgical condition. The Board upheld the Administrative Law Judge's finding that prison officials' failure to acknowledge and act on the applicant's medical limitations constituted a reckless disregard for his safety, proximately causing his injury. The employer's arguments regarding perjured testimony and newly discovered evidence were rejected.
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