Devin Taylor — ADJ14574913

Applicant Devin Taylor, a valet at The Madison Club golf country club, sustained injury on March 18, 2021 when a male club member drove a Maserati at 110 mph and crashed into a tree while returning applicant to the clubhouse. Applicant obtained a net civil recovery of $2,946,971.28, and defendant sought a credit against that recovery. The WCJ found the employer was not negligent and granted defendant a full credit; applicant sought reconsideration arguing the record established employer negligence and that the credit issue exceeded the scope of trial. The WCAB denied reconsideration, holding the trial transcript confirmed both credit and res judicata were framed issues, that applicant failed to prove employer negligence (no evidence of intoxication and no exception to statutory dram-shop immunity), and that defendant was therefore entitled to full credit.