Dennis Newell (deceased), Deborah Newell (widow), vs. Ford Construction Company,

(RDG 0108598) is a case involving Ford Construction Company, Deborah Newell (widow of the deceased Dennis Newell), and the Workers' Compensation Appeals Board of California. Deborah Newell filed a claim against Ford Construction Company alleging that her husband's death was the result of the company's failure to provide a safe place to work in violation of Labor Code sections 6400 et seq, and 8 Cal. Code Regs. 5042 and 5002. The Workers' Compensation Judge found that the injury was the direct and proximate result of Ford's failure to provide a safe place to work and awarded Deborah Newell one-half of the benefits provided by Ford's workers' compensation carrier, Majestic Insurance, and 12% of the

FORD CONSTRUCTION COMPANY, DENNIS NEWELL (Deceased), DEBORAH NEWELL (Widow), WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADENNIS NEWELL (Deceased),DEBORAH NEWELL (Widow),Applicant,vs.FORD CONSTRUCTION COMPANY, Defendant(s).Case No. ADJ3445477 (RDG 0108598)OPINION AND ORDER DENYING PETITIONS FOR RECONSIDERATION            Applicant Deborah Newell, and defendant employer Ford Construction Company, Inc., both seek reconsideration of the Findings and Award of November 4, 2008, in which the workers’ compensation judge (WCJ) found that on September 24, 2002, Dennis Newell, while employed as a foreman by Ford, sustained industrial injury resulting in his death, that the injury was the direct and proximate result of Ford’s failure to provide a safe place to work in violation of Labor Code sections 6400 et seq, and 8 Cal. Code Regs. 5042 and 5002, that the requirements of Labor Code sections 4553 and 4553.1 have been satisfied, that applicant is entitled to payment from Ford in the amount of one-half of benefits provided by Ford’s workers’ compensation carrier, Majestic Insurance, that applicant’s attorney is entitled to a fee of 12% of the amount owed to applicant by Ford, and that applicant’s attorney’s liens for expert witness fees and costs are limited to $250.00, with the balance of the liens disallowed.            Applicant contends, in substance, that the WCJ abused her discretion in disallowing costs under Labor Code section 5811, and that the 12% award of attorney’s fees is inadequate.            contends, in substance, that applicant did not carry her burden of proof on her claims of serious and willful misconduct by Ford, that the evidence does not justify the WCJ’s finding that Ford engaged in serious and willful misconduct or that the alleged misconduct caused Mr. , Newell’s death, that there is no evidence that an executive, managing officer, or general superintendent of Ford had knowledge of any specific safety order or was aware of the actions of

To continue reading ... start a FREE Trial for 10 days

Discover the cases you didn’t know you were missing!

Copyright © 2023 - CompFox Inc.