CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration, rescinded the original award, and ruled that the employer's actions did not constitute serious and willful misconduct. The Board found that while there were safety policy deviations, the employer took reasonable steps and genuinely believed the aerial plank was safe, thus lacking the required intent for serious and willful misconduct. Therefore, the applicant's claim for increased benefits based on employer misconduct was denied.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration, rescinded the original award, and ruled that the employer's actions did not constitute serious and willful misconduct. The Board found that while there were safety policy deviations, the employer took reasonable steps and genuinely believed the aerial plank was safe, thus lacking the required intent for serious and willful misconduct. Therefore, the applicant's claim for increased benefits based on employer misconduct was denied.
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