Home/Case Law/MARCELINO GOROSTIETA (Deceased); REYNA RAMIREZ vs. RANCH OF THE GOLDEN HAWK; EMPLOYERS COMPENSATION INSURANCE COMPANY
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MARCELINO GOROSTIETA (Deceased); REYNA RAMIREZ vs. RANCH OF THE GOLDEN HAWK; EMPLOYERS COMPENSATION INSURANCE COMPANY

Filed: Feb 19, 2020
Oxnard
ADJ11079458

CompFox AI Summary

The Appeals Board affirmed the Workers' Compensation Judge's finding that the applicant failed to prove serious and willful misconduct by the employer, Ranch of the Golden Hawk. The applicant alleged the employer's gross negligence in hiring an unlicensed contractor who subsequently hired the deceased. However, the Board determined the employer's manager, while careless in relying on a subordinate's recommendation, did not exhibit the required "quasi-criminal" disregard for safety. The evidence did not establish the employer knowingly placed the employee in a situation of obvious and extreme danger, distinguishing it from prior cases.

Full Decision Text1 Pages

The Appeals Board affirmed the Workers' Compensation Judge's finding that the applicant failed to prove serious and willful misconduct by the employer, Ranch of the Golden Hawk. The applicant alleged the employer's gross negligence in hiring an unlicensed contractor who subsequently hired the deceased. However, the Board determined the employer's manager, while careless in relying on a subordinate's recommendation, did not exhibit the required "quasi-criminal" disregard for safety. The evidence did not establish the employer knowingly placed the employee in a situation of obvious and extreme danger, distinguishing it from prior cases.

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MARCELINO GOROSTIETA (Deceased); REYNA RAMIREZ vs. RANCH OF THE GOLDEN HAWK; EMPLOYERS COMPENSATION INSURANCE COMPANY (2020) – Oxnard | CompFox