Category Archives: Labor Code Section 4553

WHAT EVIDENCE CAN CALIFORNIA EMPLOYERS USE TO DEFEND A SERIOUS AND WILLFUL MISCONDUCT CLAIM?

Following a job-related injury, a workers’ compensation claim is generally the sole legal remedy that an employee has against their own employer. However, in California, there is the big exception of the accident caused by “serious and willful” misconduct on the part of the employer. Under California Labor Code § 4553, an injured worker can […]

WORKERS’ COMPENSATION DEFENSE IN CALIFORNIA: SHOULD AN EMPLOYER CONSIDER SETTLING A SERIOUS AND WILLFUL MISCONDUCT CLAIM?

Workers’ compensation insurance provides an important form of legal protection for companies and organizations. An employee cannot sue an employer for a job-related injury. However, a specialized section of California law (Labor Code § 4553) allows workers to seek additional damages from an employer if they were hurt due to “serious and willful” misconduct. The […]

WCAB RULES THAT IDL PAYMENTS CAN BE COUNTED AS PART OF “WORKERS’ COMPENSATION” IN SERIOUS AND WILLFUL MISCONDUCT CASE

Earlier this year, the Workers’ Compensation Appeals Board (WCAB) issued an instructive decision in the case of Ayala v. Department of Corrections and Rehabilitation/Lancaster State Prison. The Board found that it has the authority to increase IDL payments by 50% on the grounds of an employer’s serious and willful misconduct. Here, our Fresno workers’ compensation […]

HOW TO DEFEND SERIOUS AND WILLFUL MISCONDUCT CLAIMS IN CALIFORNIA (BE READY FOR THESE TWO EMPLOYEE ARGUMENTS)

A no-fault workers’ compensation case is typically the only remedy that an injured worker has against an employer. However, under California Labor Code § 4553, there is an exception for cases in which an employee is injured due to “serious and willful misconduct” by an employer. Employers found liable for serious and willful misconduct can […]

WCAB DENIES SERIOUS AND WILLFUL MISCONDUCT CLAIM FILED ON BEHALF OF MANAGEMENT EMPLOYEE KILLED DUE TO OWN NEGLIGENCE

In California, workers’ compensation is a sole legal option for injured employees. In effect, this means that someone hurt on the job generally cannot file a personal injury lawsuit directly against their employer. However, California Labor Code Section 4553 allows a worker to seek additional compensation if they were harmed because of “serious and willful […]