California Court of Appeal

In an injured worker's petition for additional compensation under sections 4553 and 4553.1, alleging that his injury was caused by serious and misconduct on the part of defendant-company, the Workers' Compensation Appeals Board's judgment sustaining an award of additional compensation is annulled where: 1) the crane operator was not a "managing officer" of the defendant and therefore the award of additional compensation cannot be sustained on the basis of his conduct; and 2) defendant's general foreman, even assuming he was a "managing officer" of the company, did not engage in "serious and willful misconduct" and the award cannot be sustained on the basis of his conduct.

Appellate Information

• Decided 10/04/2010
• Published 10/04/2010

Judges

• Banke

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Robert D. Peterson, James G. Butler, Jr