KINLEY CONSTRUCTION; AIG COSTA MESA, BALDEMAR SANCHEZ, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIABALDEMAR SANCHEZ, Applicant,vs.KINLEY CONSTRUCTION; AIG COSTA MESA, Defendants.Case No. ADJ1245747 (BAK 0140714)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Applicant seeks reconsideration of a workers’ compensation administrative law judge’s (“WCJ”) Findings of Fact & Award of May 14, 2009, wherein the WCJ found that the “actions and/or inactions of the supervising employees of Kinley Construction Company, regarding the injurious incident of May 16, 2003, while negligent, do not rise to the level of serious and willful misconduct.” Accordingly, the WCJ found that applicant was not entitled to additional benefits under Labor Code § 4553, which states that “The amount of compensation otherwise recoverable shall be increased one-half, together with costs and expenses not to exceed two hundred fifty dollars ($250), where the employee is injured by reason of the serious and willful misconduct” of the employer. Previously in this case, by way of a Compromise & Release (C&R) approved on August 3, 2005, in exchange for $60,000, applicant settled his claims that, while employed as a general laborer on May 16, 2003, he sustained industrial injury to his pelvis, hips, abdomen, bilateral knees, right thigh, and testicles. The C&R contained a provision stating that “This Compromise and Release does not include settlement of the Serious & Willful action.” Applicant contends that the WCJ erred in finding that the defendant’s actions or inactions were not “serious and willful” pursuant to Labor Code § 4553. Applicant’s Petition is single- spaced in violation of Administrative Rule 10232(a)(1 1) which states “the text of a document shall be double spaced or one and one half spaces; however captions, headings, headers, footnotes, , footers, and block quotations shall be single spaced.” (Cal. Code Regs., tit. 8, § 10232, subd. (a)(1 1).) Our
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