CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ8739181
Regular
Sep 19, 2018

JOHN JOAQUIN (deceased), JENNIFER JOAQUIN, individually and as Guardian Ad Litem for ANNAMARIE JOAQUIN, MAKAHLAH LYNN JOAQUIN, IZABEL TRINITY JOAQUIN vs. SAN DIEGO UNIFIED SCHOOL DISTRICT, permissibly self-insured, administered by YORK

This case concerns a deceased worker's family seeking increased compensation due to alleged serious and willful misconduct by the employer, San Diego Unified School District. The WCAB affirmed the judge's finding that the employer did not engage in serious and willful misconduct, as the employer's actions were deemed a mistake in judgment rather than intentional disregard of danger. The Board also upheld the exclusion of evidence regarding a subsequent remedial measure taken by the employer. A dissenting opinion argued that the employer's decision to send the employee to a dangerous roadside repair location demonstrated reckless disregard for safety, warranting a finding of serious and willful misconduct.

Serious and willful misconductLabor Code section 4553Mercer-Fraser Co.subsequent remedial measureEvidence Code section 1151roadside repairdangerous conditionreckless disregardJohns-Manville Sales Corp.Hawaiian Pineapple Co.
References
Case No. ADJ3891195 (LBO 0394271)
Regular
Jul 26, 2010

Carlos Melara vs. GARDA USA, aka GARDA CL WEST, INC.; ESIS

The Workers' Compensation Appeals Board granted reconsideration and rescinded a previous award. The Board found that while the applicant sustained an industrial injury, it did not result from the employer's serious and willful misconduct. The Board determined that the employer's actions, including conducting safety meetings and having policies against firearm misuse, did not demonstrate the "positive and active disregard of the consequences" required for serious and willful misconduct. Therefore, the 50% increase in benefits for serious and willful misconduct was overturned.

Workers Compensation Appeals BoardSerious and Willful MisconductLabor Code Section 4553Industrial InjuryBilateral Lower ExtremitiesPsycheGarda USAESISCoin CounterArmored Trucks
References
Case No. ADJ1323538 (SAC 0305102)
Regular
Jul 20, 2010

BRUCE LOCKWOOD vs. C.C. MEYERS, INC., C.C. MEYERS, AN INDIVIDUAL

This case involves an applicant seeking increased compensation due to serious and willful misconduct by his employer, C.C. Meyers, Inc. The applicant sustained significant injuries when an excavator ran over his foot, leading to its amputation. The Appeals Board overturned the Workers' Compensation Judge's denial, finding that the employer's failure to provide a spotter for the excavator constituted serious and willful misconduct. This failure to provide a spotter, coupled with the employer's knowledge of the risks and intentional disregard for safety, was determined to be a proximate cause of the applicant's injury. As a result, the applicant's compensation will be increased by one-half.

Serious and Willful MisconductEmployer LiabilityIndustrial InjuryProximate CauseSafe Place of EmploymentFailure to Provide SpotterExcavator SafetyCalOSHA Safety Order 1592ReconsiderationWorkers' Compensation Appeals Board
References
Case No. ADJ1099822 (LAO 0828806)
Regular
Jan 20, 2010

CLAUDIO SOTO vs. RAMON VERDIN

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.

Workers' Compensation Appeals BoardSerious and Willful MisconductLabor Code Section 4553.1Safety Standard ViolationMiter Saw GuardProximate CauseIndustrial InjuryFindings and AwardReconsiderationOpinion and Order
References
Case No. ADJ6718488
Regular
Apr 08, 2020

PATRICK SAUCEDA vs. FRESNO UNIFIED SCHOOL DISTRICT

This case concerns a special education teacher injured by a student's assault. The Workers' Compensation Appeals Board affirmed a finding of serious and willful misconduct against the school district for failing to notify the teacher of the student's documented violent tendencies. The majority found the district knew of the danger, the probable consequences of serious injury, and deliberately failed to act, violating both Labor Code and Education Code provisions. A dissenting opinion argued the student's privacy and educational rights should have been prioritized, questioning the school's ability to act based on mere speculation.

Serious and Willful MisconductSpecial Education TeacherStudent AssaultViolent TendenciesDuty to WarnEducation Code § 49079Labor Code § 4553Intentional ActReckless DisregardCorrective Action
References
Case No. ADJ10173387; ADJ19907358; ADJ3052978; ADJ3882676; ADJ4063239; ADJ4429907; ADJ883851; ADJ8926536
Regular
Sep 22, 2025

AURORA MUNOZ vs. FIRST GROUP AMERICA, NEW HAMPSHIRE INSURANCE COMPANY

This case concerns an applicant's petition for reconsideration of a denial of increased benefits for serious and willful misconduct by her employer. The applicant, a bus driver, was injured when a passenger lift malfunctioned. The Board denied reconsideration, affirming the WCJ's finding that the employer did not engage in serious and willful misconduct, as they reasonably relied on a mechanic's report stating the vehicle was safe to operate after an electrical short. The Board also found no basis for a presumption of serious and willful misconduct due to the employer's alleged failure to respond to discovery requests, as such procedures are not typically applicable in workers' compensation proceedings.

Serious and Willful MisconductLabor Code Section 4553Vehicle Inspection ReportPassenger LiftMechanic's Opinion"OK to Drive"Knowledge of DangerIntentional ActReckless DisregardAdverse Inference
References
Case No. ADJ1875496
Regular
Oct 30, 2009

KENNETH PATTERSON vs. ROSSCRETE ROOFING, INC., STATE COMPENSATION INSURANCE FUND

The WCAB denied reconsideration of a WCJ's finding that the applicant's injury was not caused by serious and willful misconduct by the employer. A commissioner dissented, arguing that the employer's failure to provide safety equipment constituted serious and willful misconduct.

Workers' Compensation Appeals BoardSerious and Willful MisconductLabor Code section 4553Industrial Accident CommissionEmployer's DutySafety PrecautionsKnown DangerReckless DisregardCal/OSHA CitationRule 3210(c)
References
Case No. ADJ4459609 (RDG 0084433) ADJ165897 (RDG 0084432) ADJ350688 (VNO 0548588)
Regular
Aug 13, 2009

BILLY EPPS vs. TRIANGLE ENVIRONMENTAL, INC., STATE COMPENSATION INSURANCE FUND

This case involves an applicant denied vocational rehabilitation benefits by the WCJ. The applicant argued the Rehabilitation Unit's (RU) delay constituted nonfeasance and deliberate indifference, entitling him to benefits despite the repeal of the relevant statute. The Board denied reconsideration, finding no evidence to support the applicant's allegations of RU misconduct. The Board also highlighted the applicant's own significant delays in pursuing his claim, which prejudiced his ability to secure benefits before the law changed.

Vocational Rehabilitation BenefitsRehabilitation Unit (RU)NonfeasanceDeliberate IndifferenceWanton DisregardDue ProcessReckless ActionsQualified Injured WorkerLabor Code Section 139.5Petition for Reconsideration
References
Case No. ADJ4335469
Regular
Jul 28, 2014

GABRIEL CASTRO vs. CARSON TRAILERS, INC., UNITED STATES FIRE INSURANCE COMPANY

This case concerns an industrial injury to the applicant's back and other body parts. The defendant, Carson Trailers, Inc., sought reconsideration of an award for transportation and four hours of daily home care. The Appeals Board affirmed the award, finding the defendant had previously stipulated to these services and failed to provide contrary medical evidence showing they were no longer necessary. The Board emphasized that the defendant could not unilaterally disregard prior stipulations and orders without seeking relief.

Workers Compensation Appeals BoardPetition for ReconsiderationFindings And AwardAgreed Medical EvaluatorStale ReportingDevelopment of Medical RecordTransportation to Medical VisitsHome CareStipulationMinute Order
References
Case No. ADJ11079458
Regular
Feb 19, 2020

MARCELINO GOROSTIETA (Deceased); REYNA RAMIREZ vs. RANCH OF THE GOLDEN HAWK; EMPLOYERS COMPENSATION INSURANCE COMPANY

The Appeals Board affirmed the Workers' Compensation Judge's finding that the applicant failed to prove serious and willful misconduct by the employer, Ranch of the Golden Hawk. The applicant alleged the employer's gross negligence in hiring an unlicensed contractor who subsequently hired the deceased. However, the Board determined the employer's manager, while careless in relying on a subordinate's recommendation, did not exhibit the required "quasi-criminal" disregard for safety. The evidence did not establish the employer knowingly placed the employee in a situation of obvious and extreme danger, distinguishing it from prior cases.

Serious and Willful MisconductLabor Code section 4553Cal/OSHAwillful blindnessconscious disregardlicensed contractorworker safetyquasi-criminalemployer liabilitynegligence
References
Showing 1-10 of 77 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational