CompFox AI Summary
The Workers' Compensation Appeals Board granted the employer's petition for reconsideration, rescinding the previous award of increased compensation for serious and willful misconduct. The Board found insufficient evidence that the employer knew of a dangerous condition and deliberately failed to act, which is required to prove serious and willful misconduct. While the injury may have involved negligence, it did not rise to the level of quasi-criminal conduct necessary for an enhanced award. Therefore, the applicant was awarded nothing further beyond the resolved underlying claim.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted the employer's petition for reconsideration, rescinding the previous award of increased compensation for serious and willful misconduct. The Board found insufficient evidence that the employer knew of a dangerous condition and deliberately failed to act, which is required to prove serious and willful misconduct. While the injury may have involved negligence, it did not rise to the level of quasi-criminal conduct necessary for an enhanced award. Therefore, the applicant was awarded nothing further beyond the resolved underlying claim.
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