Reyes Pcheco, Guadalupe

Applicant, a roofer, fell over twenty feet through a plastic-covered skylight on June 24, 2015 when his foot got tangled in equipment. A Cal/OSHA investigation issued three citations (two serious, one general), though the matter settled on appeal without admission of wrongdoing, and the underlying claim resolved via Compromise and Release. After trial on applicant's Labor Code section 4553 serious and willful (S&W) misconduct petition, the WCJ awarded increased compensation based on the failure to secure the skylights to support 400 pounds. The Board granted reconsideration, finding the WCJ failed to resolve a critical factual dispute regarding whether fall protection harnesses were provided and mandated and whether their provision satisfied the applicable safety order (8 CCR 3212 vs. 1632), and failed to adequately analyze the heightened culpability standard of S&W misconduct. The Board rescinded the F&A and remanded for a new decision resolving the factual disputes and properly applying Labor Code sections 4553 and 4553.1.