CLP Resources v. WCAB (Mora) CA1/1

I. BACKGROUND

Mora filed an application for workers‘ compensation benefits due to the serious and willful misconduct of CLP and Lieb on December 8, 2009 (application). The application alleged he was working as a carpenter for both employers, under the supervision of Lieb, when Lieb directed him to use a table saw unsecured to a base and lacking a protective guard. Mora sustained serious cuts to his left hand. Mora‘s first theory alleged the injury was due to the willful failure of both employers to provide a safe place of work. His second theory alleged Lieb had knowingly violated a safety order in directing this work. Although joined in the application, Lieb was not properly served and did not participate in the proceeding. At trial on the application, Mora testified he had 13 to 15 years‘ work experience as a carpenter.1 He began work for CLP, a temporary placement agency, in April 2008, and had been assigned to several different jobsites prior to his accident. At the jobsite on which he was injured, Mora was supervised by Lieb, who provided his tools and told him what to do. Mora was injured on December 9, 2008, while cutting wood on a table saw provided by Lieb that was both…