A Non Published Court of Appeal Case has reversed a finding of serious and wilful misconduct by the employer
- Posted By: Harvey Brown
- November 1, 2013
The applicant was injured while working for a temporary agency at a job site assigned by the agency. The applicant was operating a table saw that was unsteady and lacked a guard over the blade. The applicant filed a Serious and Wilful claim against both the temporary agency and the site the applicant was working at when he was injured.
The applicant reported problems to the temporary agency at the working site prior to his injury. Cal-OSHA cited the site the applicant worked at for the table saw.
At trial the Workers’ Compensation Judge (WCJ) found the temporary agency committed Serious and Wilful Misconduct. The Workers’ Compensation Appeals Board (WCAB) affirmed the decision.
The appellate court indicated that there would be joint and several liability because the employers were exercising joint control.
Here they found there was no liability because there was no actual knowledge that serious injury was probable. In this instance they found it was negligence at best, which is insufficient to make a finding of a Serious and Wilful misconduct.
Case: CLP Resources v WCAB (Mora)