Bigge Crane & Rigging Co. v. Workers' Compensation Appeals Board

Introduction

Respondent Paul Hunt was injured while assisting with the dismantling of a truck crane used during a shutdown operation at a refinery. Hunt had been helping on another crane at the jobsite, and, along with two ironworkers on the rigging crew, was told by the general foreman to help with the dismantling. Hunt was injured when a section of the boom fell eight inches to the ground and onto his lower leg and ankle. The Workers’ Compensation Appeals Board (Board) sustained an award of additional compensation to Hunt under Labor Code section 4553, concluding his injuries were caused by the “serious and willful misconduct” of the operator of the crane and the general foreman, both of whom were determined to be “managing officers” of petitioner Bigge Crane and Rigging Co. (Bigge Crane). Bigge Crane challenges the award, contending (a) the operator of the crane was not a “managing officer” of the company within the meaning of section 4553 and therefore his conduct cannot support an award of additional compensation and (b) the general foreman, even assuming he qualifies as a “managing officer,” did not engage in “serious and willful misconduct.” We agree with both…