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Case Name | Ferguson v. WCAB | |
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Date | 04/13/1995 | |
Note | Increase per 4553 applies to entire award, not just indemnity. | |
Citation | 33 Cal.App.4th 1613, 60 CCC 275 | |
WCC Citation | WCC 24091995 CA |
JUDY A. FERGUSON, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and RALEY'S SUPERMARKETS, Respondents. Background On September 14, 1988, petitioner Judy A. Ferguson (applicant) slipped and fell on a wet floor while employed as a general merchandise clerk for respondent Raley's Supermarkets (Raley's). Applicant also sought a 50 percent increase in her award under section 4553, alleging serious and willful misconduct by Raley's. It was also undisputed that Raley's knew of the dangerous condition, as other employees had fallen and complained to management. [33 Cal. App. 4th 1618] On October 8, 1991, the WCJ filed his report on reconsideration, recommending that the board deny Raley's petition.
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