CompFox AI Summary
This case involves a worker seeking increased benefits under Labor Code Section 4553 for serious and willful employer misconduct. The applicant alleged his employer authorized him to use heavy equipment, a Pettibone, for tree trimming, which resulted in his injury. However, the judge found no evidence of employer authorization or knowledge of the applicant's use of the Pettibone. Furthermore, the applicant's described method of using the equipment was deemed reckless, negating any employer expectation. Consequently, the Petition for Reconsideration was denied, upholding the original decision that the employer was not guilty of serious and willful misconduct.
Full Decision Text1 Pages
This case involves a worker seeking increased benefits under Labor Code Section 4553 for serious and willful employer misconduct. The applicant alleged his employer authorized him to use heavy equipment, a Pettibone, for tree trimming, which resulted in his injury. However, the judge found no evidence of employer authorization or knowledge of the applicant's use of the Pettibone. Furthermore, the applicant's described method of using the equipment was deemed reckless, negating any employer expectation. Consequently, the Petition for Reconsideration was denied, upholding the original decision that the employer was not guilty of serious and willful misconduct.
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