Carlos Flores — ADJ9744073

Deputy sheriff Carlos Flores was dispatched to Bonelli Park to assist with a presidential security detail and ordered to patrol on an ATV he had never operated, without training or protective gear. After expressing his discomfort and requesting a helmet from the sergeant in charge (Hines), he was told the operations plan would not change. He was thrown from the ATV and seriously injured. The WCJ found the employer liable for serious and willful misconduct under Labor Code section 4553 and 4553.1 (violation of GISO 3203(a)(7)(C) regarding training). The County sought reconsideration, arguing Hines was not a managing representative, the employer lacked knowledge of the danger, and the statutory elements were unmet. The WCAB denied reconsideration, adopting the WCJ's Report, holding that Hines functioned as a managing representative with discretionary authority and that the employer's disregard of the applicant's expressed concerns rose to serious and willful misconduct.