California § 4553.1. 4553.1. (Amended by Stats. 1982, Ch. 922, Sec. 11.)

California Statutes

§ 4553.1. — 4553.1. (Amended by Stats. 1982, Ch. 922, Sec. 11.)

California § 4553.1.

JurisdictionCalifornia

Code LABLabor Code - LAB

Div. 4.DIVISION 4. WORKERS' COMPENSATION AND INSURANCE

Part 2.PART 2. COMPUTATION OF COMPENSATION

Ch. 2.CHAPTER 2. Compensation Schedules

Art. 1.ARTICLE 1. General Provisions

This text of California § 4553.1. (4553.1. (Amended by Stats. 1982, Ch. 922, Sec. 11.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cal. Labor Code - LAB Code § 4553.1. (2026).

Text

In order to support a holding of serious and willful misconduct by an employer based upon violation of a safety order, the appeals board must specifically find all of the following:

(1)The specific manner in which the order was violated.

(2)That the violation of the safety order did proximately cause the injury or death, and the specific manner in which the violation constituted the proximate cause.

(3)That the safety order, and the conditions making the safety order applicable, were known to, and violated by, a particular named person, either the employer, or a representative designated by Section 4553, or that the condition making the safety order applicable was obvious, created a probability of serious injury, and that the failure of the employer, or a representative designated by Se

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In order to support a holding of serious and willful misconduct by an employer based upon violation of a safety order, the appeals board must specifically find all of the following:
(1)
The specific manner in which the order was violated.
(2)
That the violation of the safety order did proximately cause the injury or death, and the specific manner in which the violation constituted the proximate cause.
(3)
That the safety order, and the conditions making the safety order applicable, were known to, and violated by, a particular named person, either the employer, or a representative designated by Section 4553, or that the condition making the safety order applicable was obvious, created a probability of serious injury, and that the failure of the employer, or a representative designated by Section 4553, to correct the condition constituted a reckless disregard for the probable consequences.

Cheryl Marie McLandrich a Minor, and Paul Michael McLandrich a Minor, by and Through Their Guardian Ad Litem, Linda McLandrich v. Southern California Edison Company, San Diego Gas and Electric, Combustion Engineering, Inc., and Does 1 Through 100, Inclusive, Kristy Mettler, Individually and as Successor in Interest to Jason Mettler, Deceased, Krystal Mettler and Ryan Mettler, Individually and as Successors in Interest to Jason Mettler, Deceased, by and Through Their Guardian Ad Litem Prescott E. Cogswell v. Southern California Edison Company, San Diego Gas and Electric, Combustion Engineering, Inc., Institute of Nuclear Power Operations, and Does 1 Through 500, Inclusive

145 F.3d 1339 (Ninth Circuit, 1998)