Bekins Moving & Storage Co. v. Workers' Compensation Appeals Board

Petitioner, Bekins Moving & Storage Company, seeks review of the decision, after reconsideration, of the Workers’ Compensation Appeals Board, which affirmed the workers’ compensation judge’s holding that applicant sustained industrial injury to his back and right leg as a result of the serious and wilful misconduct of petitioner and that petitioner unreasonably delayed payment of medical bills. We affirm the decision.

On November 15, 1978, the workers’ compensation judge .issued an award finding that applicant Glen Garner sustained an industrial injury on October 30, 1976. The judge also found that Bekins had unreasonably delayed payment of benefits and that applicant was injured because of his employer’s serious and wilful misconduct. Temporary disability indemnity was also awarded by the judge. Bekins thereafter filed a timely petition for reconsideration. On January 29, 1979, the Workers’ Compensation Appeals Board affirmed the judge’s findings on the issues of injury, penalty for unreasonable delay in furnishing benefits, and serious and wilful misconduct of the employer.

Applicant Glen D. Garner, employed as a driver/furniture mover by Bekins, testified that on…

I respectfully dissent from that portion of the majority opinion which upholds the imposition of penalties on Bekins for unreasonable delay in payment and for serious and wilful misconduct.

Bekins contested the issue of industrial injury on the basis of the report of applicant’s coworker, Verdo Bridges, that he saw applicant kick the walkboard and then jump to the ground while carrying nothing. Bridges did not appear at the hearing but it was stipulated that he *686 would testify as recited above. I agree with the majority that this stipulation did not require the workers’ compensation judge to interpret Bridges’ testimony in any particular way or even to credit its truth; the judge was merely required to accept the fact that Bridges would so testify. The judge acted within his role as fact finder when he chose to reconcile Bridges’ testimony and applicant’s testimony. He did this by disregarding as insignificant the conflict as to whether applicant was carrying anything when he jumped or fell. He then noted that the crucial question was whether the injuries were self-inflicted and that Bridges’ testimony did not establish this to his satisfaction. The judge, whose reasoning was…

Petitioner, Bekins Moving & Storage Company, seeks review of the decision, after reconsideration, of the Workers' Compensation Appeals Board, which affirmed the workers' compensation judge's holding that applicant sustained industrial injury to his back and right leg as a result of the serious and wilful misconduct of petitioner and that petitioner unreasonably delayed payment of medical bills. We affirm the decision.

On November 15, 1978, the workers' compensation judge issued an award finding that applicant Glen Garner sustained an industrial injury on October 30, 1976. The judge also found that Bekins had unreasonably delayed payment of benefits and that applicant was injured because of his employer's serious and wilful misconduct. Temporary disability indemnity was also awarded by the judge. Bekins thereafter filed a timely petition for reconsideration. On January 29, 1979, the Workers' Compensation Appeals Board affirmed the judge's findings on the issues of injury, penalty for unreasonable delay in furnishing benefits, and serious and wilful misconduct of the employer.

Applicant Glen D. Garner, employed as a driver/furniture mover by Bekins,…