Nihipali, Michele

Michele Nihipali, an X-ray/mammography technician for Epic Care, sustained industrial injury on March 2, 2016, to the jaw, neck, nervous system, face, and brain when she wheeled a metal cart into an MRI room. She settled her underlying claim via Compromise and Release for $249,100, then sought increased compensation under Labor Code sections 4553 and 4553.1, alleging the employer's serious and willful misconduct based on lack of training and the absence of a written Injury and Illness Prevention Program. The WCJ found no serious and willful misconduct, and the applicant petitioned for reconsideration. The WCAB denied reconsideration, holding that the employer's conduct, while possibly negligent, did not rise to the quasi-criminal level required, and that applicant failed to establish the employer's actual knowledge of any violated safety order proximately causing the injury.