Reyes, Carlos

Carlos Reyes, a carpenter, lost portions of his left hand fingers when a 2x4 kicked back on a guardless table saw and his loose glove caught and pulled his hand into the blade. He sought increased compensation under Labor Code sections 4553 and 4553.1 alleging serious and willful misconduct by his employer. The WCJ found a Cal/OSHA glove safety-order violation that proximately caused injury, but concluded that the lead installer Victor Ortega was not a managing representative and that the guard removal was not a proximate cause. On reconsideration, the Board disagreed, holding Ortega was a managing representative because he exercised general discretionary direction and control over the employer's crew at the jobsite. The Board rescinded the F&O, substituted a finding that Ortega was a managing representative, and remanded for development of the record on whether the guard removal was a proximate cause and for full analysis of liability under section 4553.1.