Munoz, Aurora

Aurora Munoz, a bus driver who sustained an admitted industrial injury on August 30, 2015 to her cervical spine, thoracic spine, back, lower extremities, and shoulders when a wheelchair passenger lift malfunctioned, sought a 50% increase in benefits under Labor Code section 4553 for the employer's alleged serious and willful misconduct. The WCJ denied the petition, finding that a vehicle inspection report had noted an electrical short the day before but that a mechanic had cleared the vehicle as 'OK to drive,' and that the employer (like applicant herself) was justified in relying on that assessment. The WCJ also rejected applicant's request for an adverse inference based on defendants' failure to respond to written discovery. The Appeals Board adopted both the original WCJ's Opinion on Decision and the new WCJ's Report and Recommendation, denying reconsideration. The Board found applicant failed to prove the willful, intentional element requiring actual knowledge of probable serious injury by a person identified in section 4553.