What the panel ordered
Petition for serious and willful misconduct denied; WCJ decision rescinded and replaced with new findings
Petition for reconsideration granted, WCJ decision rescinded, new decision issued
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
Serious and willful misconductDefendant prevailedright forearm · right wrist · right fingers · right shoulder · right hand · psyche
Applicant did not carry burden to show serious and willful misconduct was proximate cause of injury; manager's act of grabbing tote bag was inappropriate but not done with intent or reckless disregard likely to cause serious injury.
From the decision · page 1Defendant CVS Health Corporation1 seeks reconsideration of a workers' compensation administrative law judge's (WCJ) Findings of Fact and Order of January 23, 2026, wherein it was found, "Pursuant to Labor Code § 4553, the applicant was injured as a result of the serious and willful misconduct of her manager." (Finding No. 3.) In this matter, while employed on November 14, 2019 as an assistant store manager, applicant sustained admitted injury to the right forearm, right wrist, right fingers, right shoulder, right hand, and psyche. However, "the nature and extent of Applicant's injuries are all deferred pending further discovery."