CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration and reversed a prior award finding serious and willful misconduct by the employer, Ramon Verdin. The Board determined that the applicant failed to meet the burden of proof required by Labor Code section 4553.1. Specifically, the evidence did not sufficiently establish that the absence of a miter saw guard was the proximate cause of the applicant's injury. Furthermore, the employer's knowledge of the safety violation or the obviousness of the dangerous condition, as required by statute, was not adequately proven on this record.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration and reversed a prior award finding serious and willful misconduct by the employer, Ramon Verdin. The Board determined that the applicant failed to meet the burden of proof required by Labor Code section 4553.1. Specifically, the evidence did not sufficiently establish that the absence of a miter saw guard was the proximate cause of the applicant's injury. Furthermore, the employer's knowledge of the safety violation or the obviousness of the dangerous condition, as required by statute, was not adequately proven on this record.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.