CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration and rescinded a previous award. The Board found that while the applicant sustained an industrial injury, it did not result from the employer's serious and willful misconduct. The Board determined that the employer's actions, including conducting safety meetings and having policies against firearm misuse, did not demonstrate the "positive and active disregard of the consequences" required for serious and willful misconduct. Therefore, the 50% increase in benefits for serious and willful misconduct was overturned.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration and rescinded a previous award. The Board found that while the applicant sustained an industrial injury, it did not result from the employer's serious and willful misconduct. The Board determined that the employer's actions, including conducting safety meetings and having policies against firearm misuse, did not demonstrate the "positive and active disregard of the consequences" required for serious and willful misconduct. Therefore, the 50% increase in benefits for serious and willful misconduct was overturned.
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