CARLOS REYES vs. PALM DESERT DOORS AND HARDWARE, PRAETORIAN INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to review a WCJ's finding that the employer did not engage in serious and willful misconduct. The WCAB rescinded the original decision, finding material factual discrepancies between the WCJ's findings and the evidence, particularly regarding the necessity of gloves and the feasibility of using a safety guard. The case is remanded for further proceedings, including allowing the applicant to amend their petition to include theories based on OSHA violations and presenting arguments and evidence on that issue. The WCAB also clarified that failure to specifically plead OSHA violations in the pretrial conference statement does not constitute a waiver of the right to raise such issues.