Garda Usa, Aka Garda Cl West, Inc.; Esis Carlos Melara WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACARLOS MELARA, Applicant,vs.GARDA USA, aka GARDA CL WEST, INC.; ESIS, Defendant,Case No. ADJ3891195OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the May 10, 2010 Findings and Award, wherein the workers’ Compensation administrative law judge (WCJ) found that applicant, while employed as a teller coin counter on August 17, 2007, sustained industrial injury to his bilateral lower extremities and psyche. The WCJ found senous and willful misconduct by the employer, pursuant to Labor Code section 4553, based on failure to provide a safe workplace, and increased benefits by 50 percent and awarded costs. Defendant contends the WCJ erred in finding that applicant’s injury wat the result of the employer’s serious and willful misconduct. We have considered the Petition for Reconsideration and applicant’s Answer, and we have reviewed the record in this matter. The WCJ prepared a Report and Recommendation of Workers’ Compensation Judge on Petition for Reconsideration (Report), recommending that the petition be denied.For the reasons discussed below, we will grant defendant’s petition for reconsideration, rescind the Findings and Award, and find that applicant’s injury was not the result of the employer’s serious and willful misconduct. , FACTUAL BACKGROUNDThe WCJ summarized the facts surrounding applicant’s employment and injury, as follows, at pages 1 -2 of her Opinion on Decision: “The facts arc not in dispute, Mr. Melara who worked as a cash vault teller, sustained a severe leg injury when shot by a co- employee. Garda is an armed guard company that transport money from customers to bank. It is a drop point where trucks loaded with money come into the facility and drop off their cash. The area in which the shooting occurred is a secure area that only g
