Elk Grove Unified School Dist. v. WCAB (Stroth)
In this workers compensation matter, the employer, the Elk Grove Unified School District (District), petitioned for writ of review of a decision of the Workers Compensation Appeals Board (WCAB). The WCAB found that District had engaged in serious and willful misconduct toward its injured employee, teacher Janet Stroth (Stroth), by failing to permanently remove a physically and verbally aggressive student from Stroths fifth grade classroom. (Lab. Code, 4553 [increasing the amount of compensation by one-half if employer engages in serious and willful misconduct].) Court issued the writ of review. Court now annul the award against District for serious and willful misconduct. Court conclude that District did not deliberately fail to take action for Stroths safety.
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