What the panel ordered
Prior Findings and Order of August 30, 2022 rescinded; matter remanded to WCJ for further proceedings consistent with this opinion.
Petition for reconsideration granted; decision after reconsideration issued rescinding prior Findings and Order and remanding for further proceedings.
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 misconductRemandedleft index finger · left middle finger · left ring finger · psyche
The Appeals Board found that Victor Ortega was a managing representative under section 4553.1, contrary to the WCJ's prior finding, and remanded for further development on whether the removal of the guard was a proximate cause of injury, which could establish serious and willful misconduct.
From the decision · page 1Applicant sought reconsideration of the August 30, 2022 Findings and Order ("F&O"), wherein the workers' compensation administrative law judge (WCJ) concluded that defendant employer did not engage in serious and willful misconduct under Labor Code sections 4553 and 4553.1.2 Applicant contends the WCJ erred because the evidence establishes that (1) Victor Ortega was a managing representative under the meaning of section 4553.1, and (2) applicant established violations of two separate safety orders pursuant to that same code section.