Bigge Crane & Rigging Co. v. Workers' Comp. Appeals Bd

In Bigge Crane & Rigging Co. v. Workers' Comp. Appeals Bd. (2010) 188 Cal. App. 4th 1330, the Court reviewed the law governing serious and willful misconduct under Labor Code section 4553, relying largely on the landmark decision Mercer-Fraser Co. v. Industrial Acc. Com. (1953) 40 Cal. 2d 102, disapproved on other grounds in Le Vesque v. Workers' Comp. Appeals Bd. (1970) 1 Cal. 3d 627, and footnote 14: " ' "Wilful misconduct ... necessarily involves deliberate, intentional, or wanton conduct in doing or omitting to perform acts, with knowledge or appreciation of the fact, on the part of the culpable person, that danger is likely to result therefrom." ' ... ... ' "The term 'serious and wilful misconduct' is described ... as being something 'much more than mere negligence, or even gross or culpable negligence' and as involving 'conduct of a quasi criminal nature, the intentional doing of something either with the knowledge that it is likely to result in serious injury, or with a wanton and reckless disregard of its possible consequences.' ... The mere failure to perform a statutory duty is not, alone, wilful misconduct. It amounts only to simple negligence. To constitute 'wilful misconduct' there must be actual knowledge, or that which in the law is esteemed to be the equivalent of actual knowledge, of the peril to be apprehended from the failure to act, coupled with a conscious failure to act to the end of averting injury. ..." ' ' "... Wilful misconduct implies at least the intentional doing of something either with a knowledge that serious injury is a probable (as distinguished from a possible) result, or the intentional doing of an act with a wanton and reckless disregard of its possible result." ' " (Bigge Crane, at pp. 1349-1350.)