Serious and Willful Misconduct Petitions Before the WCAB

Employee injuries are governed by the California Workers’ Compensation Appeals Board (WCAB). When an employee files a workers’ compensation claim, they can also petition the WCAB for additional benefits based on the employer’s serious and willful misconduct.

These petitions are easy to file, but not so easy to dispose of. The penalties for a successful serious and willful misconduct claim can be significant: 50% of the value of the underlying workers’ compensation claim. More importantly, these claims are not insurable, and rarely defended by an employer’s workers’ compensation carrier.

Unanswered or unchallenged serious and willful claims can have crippling impact on a business’ bottom line. A timely and serious defense is critical to mitigating the potential liability of these claims.

Walter & Prince defends employers’ interests throughout the claim process and will work closely with both the employer and its carrier in order to minimize or eliminate the potential liability of serious and willful misconduct claims.

We welcome you to contact us for more information.

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