Johns-Manville Sales Corp. Private Carriage v. Workers' Compensation Appeals Board

Opinion

FLEMING, J.

Petitioning employers seek review of findings by the Workers’ Compensation Appeals Board that their respective employees were injured as the proximate result of serious and willful misconduct by the employers (Lab. Code, § 4553 1 ). While the two injuries are unrelated, we issued a consolidated writ of review because of the similarity of the basic issue presented.

I. Proceedings Before the Appeals Board.

A. Maxcine V. Randell v. Fred Harvey, Inc.

In April 1973 Randell, while employed as a cook and cook supervisor by Fred Harvey, Inc. (Harvey), sustained injury to her back in…