Michael Stewart — ADJ13531096

Michael Stewart, a caretaker/counselor at Hodges Residential Facility, sustained a right knee injury on October 30, 2019 when a violent, developmentally disabled resident (Craig Barksdale) pushed him. After settling his case-in-chief by C&R for $100,000 (excluding the section 4553 claim), applicant pursued increased compensation for the employer's serious and willful misconduct, arguing the employer knowingly retained a dangerous resident, unilaterally removed the CABA behavioral support team, and prioritized financial incentives over worker safety. The WCJ found applicant failed to meet his burden of proof under Labor Code section 4553, concluding there was no causal link between removal of CABA and the injury, that CABA was a therapeutic (not physical safety) intervention, and that the employer took reasonable steps to mitigate the danger. The WCAB panel adopted and incorporated the WCJ's Report and denied reconsideration, distinguishing this case from Sauceda v. Fresno Unified School District and finding no quasi-criminal conduct or deliberate disregard of a known probable serious injury.