WCPanelIQ
PanelRemanded

Ayala, Michael

MICHAEL AYALA, Applicant vs. DEPARTMENT OF CORRECTIONS AND REHABILITATION/ LANCASTER STATE PRISON, legally uninsured, STATE COMPENSATION INSURANCE FUND/ STATE CONTRACTS SERVICE, Defendants

ADJ number
ADJ1360597
Decision date
May 8, 2025
District office
San Bernardino
WCJ
—
Claim administrator
State Compensation Insurance Fund
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, ANNE SCHMITZ, DEPUTY COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER
LC §4553

Summary

Michael Ayala sustained an injury while employed by the Department of Corrections and Rehabilitation at Lancaster State Prison, with the matter involving a serious and willful misconduct claim under Labor Code section 4553. The Fourth District Court of Appeal, Division 2, reversed the WCAB's prior decision and provided guidance regarding what may constitute an award of damages under section 4553. The California Supreme Court affirmed the Court of Appeal's decision, which became final on February 20, 2025, with remittitur issued April 2, 2025. Following the appellate remittiturs, the WCAB issued this Decision After Remittitur rescinding both its April 13, 2022 Opinion and Decision After Reconsideration and the WCJ's November 8, 2021 Findings of Fact, returning the matter to the trial level for further proceedings consistent with the appellate guidance.

Issues

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Holding

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Analysis

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Defense takeaway

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