What the panel ordered
Petition for Reconsideration denied, affirming WCJ's finding that employer did not engage in serious and willful misconduct causing applicant's death.
Petition for Reconsideration filed by dependents of deceased applicant challenging WCJ's denial of serious and willful misconduct claim against employer.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The petitioners failed to prove that the employer or a designated representative had knowledge of or recklessly disregarded safety order violations causing the applicant's death, as required by Labor Code section 4453.1. The evidence showed the applicant had autonomy over the unsafe acts and the employer had safety programs in place. The OSHA fines and settlement did not establish employer misconduct under the statute.
From the decision · page 3applicant (deceased), through the Law Offices of Fred Fong, who represents several of the applicant's dependents, has filed a timely, verified and properly served reconsideration petition. This petition asserts that the WCJ erred in determining that decedent the applicant's fatal accident due to a fall from a carport roof was not attributable to the defendant employer's serious and willful misconduct within the meaning of Labor Code section 4453. Petitioner makes this contention on the following grounds: