Home/Case Law/MERRICK GAUTREAUX vs. DUNAGAN CONSTRUCTION COMPANY, STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

MERRICK GAUTREAUX vs. DUNAGAN CONSTRUCTION COMPANY, STATE COMPENSATION INSURANCE FUND

Filed: Jul 22, 2008
San Francisco
SBR 0290399

CompFox AI Summary

The Board granted reconsideration of an award finding serious and willful misconduct by the employer, affirming the finding of misconduct for the reasons cited by the WCJ. However, the Board deferred the issue of whether the increased compensation award exceeds constitutional limits as per Ferguson v. Workers' Comp. Appeals Bd., retaining jurisdiction for the WCJ to address this question. The Supplemental Findings, Award and Order were amended to reflect this deferral and reservation of jurisdiction.

Full Decision Text1 Pages

The Board granted reconsideration of an award finding serious and willful misconduct by the employer, affirming the finding of misconduct for the reasons cited by the WCJ. However, the Board deferred the issue of whether the increased compensation award exceeds constitutional limits as per Ferguson v. Workers' Comp. Appeals Bd., retaining jurisdiction for the WCJ to address this question. The Supplemental Findings, Award and Order were amended to reflect this deferral and reservation of jurisdiction.

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MERRICK GAUTREAUX vs. DUNAGAN CONSTRUCTION COMPANY, STATE COMPENSATION INSURANCE FUND (2008) – San Francisco | CompFox