CompFox AI Summary
The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding a finding of serious and willful misconduct. The applicant sustained a permanent and total disability due to lung damage caused by heavy workplace smoking, specifically by a coworker in an enclosed office. Despite repeated complaints and an emergency room visit, the employer knowingly permitted the violation of a workplace smoking prohibition. The Board found sufficient evidence of employer knowledge of the safety order and the resulting harm to the applicant.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding a finding of serious and willful misconduct. The applicant sustained a permanent and total disability due to lung damage caused by heavy workplace smoking, specifically by a coworker in an enclosed office. Despite repeated complaints and an emergency room visit, the employer knowingly permitted the violation of a workplace smoking prohibition. The Board found sufficient evidence of employer knowledge of the safety order and the resulting harm to the applicant.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.