Category Archives: S & W

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 […]

THREE STEPS EMPLOYERS CAN TAKE TO AVOID SERIOUS AND WILLFUL MISCONDUCT LIABILITY

A workers’ compensation claim is typically the exclusive remedy that an injured employee has against an employer. However, California Labor Code § 4553 provides an exception in cases of ‘serious and willful misconduct’ (S&W) by an employer. The general rule is that an employee’s total workers’ compensation award may be increased by as much as […]