Faulkner, Marlene

Applicant Marlene Faulkner claimed a cumulative psyche injury ending August 7, 2018, which was settled by Compromise and Release approved March 7, 2023. She subsequently sought an increase in benefits under Labor Code section 4553, alleging serious and willful misconduct by her employer based on a supervisor's verbally abusive conduct and the employer's failure to address her complaints to human resources. The WCJ found no serious and willful misconduct, and applicant petitioned for reconsideration. The WCAB denied reconsideration, holding that while the supervisor's conduct was not condoned, it did not rise to the quasi-criminal level required under Mercer-Fraser, and applicant failed to meet her burden of proving the employer intentionally or recklessly caused her injury.