C.C. MEYERS,INC. and C.C. MEYERS an individual Bruce Lockwood WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIABruce Lockwood, Applicant,vs.C.C. MEYERS,INC. and C.C. MEYERS an individual, Defendant(s).CaseNo.ADJ1323538 (SAC 0367325)OPINION AND ORDER GRANTING PETITION FORRECONSIDERATION Defendant, C.C. Meyers, Inc., seeks reconsideration of this Appeals Board’s “Opinion andOrder Granting Reconsideration and Decision After Reconsideration” of July 20, 2010, in whichwe granted applicant’s petition for reconsideration of the Findings and Order issued by the workers’ compensation judge (WCJ) on April 26, 2010. In that decision, the WCJ found thatapplicant’s industrial injury of August 14, 2001 was not proximately caused by the serious and willful (“S&W”) misconduct of the employer, C.C. Meyers, Inc. In our decision of July 20, 2010, we reversed the WCJ and found that in faili,,g ko provide sp.tte, C.C. M-eyers, …. engaged inS&W misconduct, which caused applicant’s injury. Defendant contends, in substance, that there is no evidence that the presence of a spotter,was required by safety orders of the State of California, that the cause of applicant’s injury is that he either knelt down behind the excavator as it was backing or the excavator operator inexplicably swung the excavator toward applicant, neither of which is S&W misconduct, thatthere is no evidence that the presence of a spotter would have prevented applicant’s injury, and that there is no evidence that defendant, acting through its foreman Mr. Barth, turned its mind tothe possibility of any hazardous condition to which applicant may have been exposed. Applicant filed an answer. , Taking into account the statutory time constraints for acting on defendant’s petition, andbased upon our initial review of the record, we believe reconsideration must be granted in order to allow sufficient opportunity to further study the factual and legal issues in this case. We believe that this action is necessary to give
