CYNTHIA VASQUEZ, Applicant vs. SABERT CORPORATION, Defendants
ADJ number
ADJ10677338
Decision date
Date unavailable
District office
Riverside District Office
WCJ
Jeffrey Wilson
Claim administrator
—
Commissioners
—
Injury / body parts: right upper extremity (arm), fingers, left hand, nervous system
LC §4553LC §4553.1CCR §3203CCR §3314CCR §4187
Summary
Cynthia Vasquez, a 54-year-old machine operator, suffered catastrophic admitted injury (loss of right upper extremity and partial amputation of left hand fingers) on October 24, 2016, while cleaning rollers on an extruder machine (CA3) that was running during the cleaning process. After the case in chief was resolved by Compromise and Release, applicant pursued additional benefits for serious and willful misconduct under Labor Code section 4553. The WCJ issued a Findings and Award on August 8, 2023, finding serious and willful misconduct based on testimony that prior roller malfunctions were reported to management without resolution, that Sabert departed from its own lockout/tagout safety policies and the manufacturer's instructions by requiring cleaning while rollers ran at maximum speed, and CAL/OSHA's citations (two deemed 'serious'). The WCAB denied Sabert's Petition for Reconsideration, adopting and incorporating the WCJ's Report and Opinion on Decision. Applicant was awarded a 50% increase in all compensation plus attorney fees.
Issues
Member is $25/month or $250/year and includes full case search.
Full case search with summaries, PDFs, holdings, and filters is included with Member.
This block is a decorative placeholder so the page layout is visible without exposing restricted text.
Sign in or subscribe to Member to read the complete decision.
The panel considered the record, the applicable statutes, and the arguments of the parties.
Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.
Holding
Member is $25/month or $250/year and includes full case search.
Full case search with summaries, PDFs, holdings, and filters is included with Member.
This block is a decorative placeholder so the page layout is visible without exposing restricted text.
Sign in or subscribe to Member to read the complete decision.
The panel considered the record, the applicable statutes, and the arguments of the parties.
Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.
Analysis
Member is $25/month or $250/year and includes full case search.
Full case search with summaries, PDFs, holdings, and filters is included with Member.
This block is a decorative placeholder so the page layout is visible without exposing restricted text.
Sign in or subscribe to Member to read the complete decision.
The panel considered the record, the applicable statutes, and the arguments of the parties.
Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.
Applicant takeaway
Member is $25/month or $250/year and includes full case search.
Full case search with summaries, PDFs, holdings, and filters is included with Member.
This block is a decorative placeholder so the page layout is visible without exposing restricted text.
Sign in or subscribe to Member to read the complete decision.
The panel considered the record, the applicable statutes, and the arguments of the parties.
Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.
Defense takeaway
Member is $25/month or $250/year and includes full case search.
Full case search with summaries, PDFs, holdings, and filters is included with Member.
This block is a decorative placeholder so the page layout is visible without exposing restricted text.
Sign in or subscribe to Member to read the complete decision.
The panel considered the record, the applicable statutes, and the arguments of the parties.
Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.
Provider takeaway
Member is $25/month or $250/year and includes full case search.
Full case search with summaries, PDFs, holdings, and filters is included with Member.
This block is a decorative placeholder so the page layout is visible without exposing restricted text.
Sign in or subscribe to Member to read the complete decision.
The panel considered the record, the applicable statutes, and the arguments of the parties.
Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.
Similar decisions
Member is $25/month or $250/year. Subscribe to view similar decisions.
Full case search with summaries, PDFs, holdings, and filters is included with Member.
This block is a decorative placeholder so the page layout is visible without exposing restricted text.
Sign in or subscribe to Member to read the complete decision.
The panel considered the record, the applicable statutes, and the arguments of the parties.
Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.
Member is $25/month or $250/year. Subscribe to view similar decisions.
Full case search with summaries, PDFs, holdings, and filters is included with Member.
This block is a decorative placeholder so the page layout is visible without exposing restricted text.
Sign in or subscribe to Member to read the complete decision.
The panel considered the record, the applicable statutes, and the arguments of the parties.
Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.
Member is $25/month or $250/year. Subscribe to view similar decisions.
Full case search with summaries, PDFs, holdings, and filters is included with Member.
This block is a decorative placeholder so the page layout is visible without exposing restricted text.
Sign in or subscribe to Member to read the complete decision.
The panel considered the record, the applicable statutes, and the arguments of the parties.
Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.
Member is $25/month or $250/year. Subscribe to view similar decisions.
Full case search with summaries, PDFs, holdings, and filters is included with Member.
This block is a decorative placeholder so the page layout is visible without exposing restricted text.
Sign in or subscribe to Member to read the complete decision.
The panel considered the record, the applicable statutes, and the arguments of the parties.
Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.
Member is $25/month or $250/year. Subscribe to view similar decisions.
Full case search with summaries, PDFs, holdings, and filters is included with Member.
This block is a decorative placeholder so the page layout is visible without exposing restricted text.
Sign in or subscribe to Member to read the complete decision.
The panel considered the record, the applicable statutes, and the arguments of the parties.
Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.
Member is $25/month or $250/year. Subscribe to view similar decisions.
Full case search with summaries, PDFs, holdings, and filters is included with Member.
This block is a decorative placeholder so the page layout is visible without exposing restricted text.
Sign in or subscribe to Member to read the complete decision.
The panel considered the record, the applicable statutes, and the arguments of the parties.
Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.
Member is $25/month or $250/year. Subscribe to view similar decisions.
Full case search with summaries, PDFs, holdings, and filters is included with Member.
This block is a decorative placeholder so the page layout is visible without exposing restricted text.
Sign in or subscribe to Member to read the complete decision.
The panel considered the record, the applicable statutes, and the arguments of the parties.
Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.
Member is $25/month or $250/year. Subscribe to view similar decisions.
Full case search with summaries, PDFs, holdings, and filters is included with Member.
This block is a decorative placeholder so the page layout is visible without exposing restricted text.
Sign in or subscribe to Member to read the complete decision.
The panel considered the record, the applicable statutes, and the arguments of the parties.
Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.