An employee has an admitted injury resulting in PD of 72%. The employee is also guilty of serious and willful misconduct. What should the Board award?

An employee has an admitted injury resulting in PD of 72%. The employee is also guilty of serious and willful misconduct. What should the Board award?

• A. 36%
• B. 72%
• C. Nothing
• D. The dollar value of 1/2 of 72 percent

Answer: (B)

Permanent disability is a measure of the level of impairment from the injury, determined by medical-legal evaluation. It reflects how badly the injury has affected the employee, not whether the employee behaved badly. If the injury is admitted and the evaluation shows a 72% permanent disability, that impairment percentage is used to calculate the award regardless of misconduct, unless the misconduct is what caused the injury. In this case, the 72% PD should be awarded in full. The serious and willful misconduct could lead to penalties or other remedies, but it does not automatically reduce the impairment-based award.

Permanent disability is a measure of the level of impairment from the injury, determined by medical-legal evaluation. It reflects how badly the injury has affected the employee, not whether the employee behaved badly. If the injury is admitted and the evaluation shows a 72% permanent disability, that impairment percentage is used to calculate the award regardless of misconduct, unless the misconduct is what caused the injury. In this case, the 72% PD should be awarded in full. The serious and willful misconduct could lead to penalties or other remedies, but it does not automatically reduce the impairment-based award.