Home/Case Law/LISA HOLDERMAN vs. COUNTY OF SANTA CLARA/SOCIAL SERVICES AGENCY
Regular DecisionReconsideration

LISA HOLDERMAN vs. COUNTY OF SANTA CLARA/SOCIAL SERVICES AGENCY

Filed: Nov 15, 2007
SJO 0227040

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration, rescinded a prior award, and found no serious and willful misconduct by the employer. While the employer had knowledge of a dangerous condition involving lifting a disabled child's wheelchair, their actions, including requests for a specialized van, were deemed a grossly careless omission rather than the deliberate, quasi-criminal conduct required for serious and willful misconduct. Consequently, the applicant is not entitled to the 50% increase in compensation previously awarded.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration, rescinded a prior award, and found no serious and willful misconduct by the employer. While the employer had knowledge of a dangerous condition involving lifting a disabled child's wheelchair, their actions, including requests for a specialized van, were deemed a grossly careless omission rather than the deliberate, quasi-criminal conduct required for serious and willful misconduct. Consequently, the applicant is not entitled to the 50% increase in compensation previously awarded.

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LISA HOLDERMAN vs. COUNTY OF SANTA CLARA/SOCIAL SERVICES AGENCY (2007) – | CompFox