CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration, rescinded a prior award, and found no serious and willful misconduct by the employer. While the employer had knowledge of a dangerous condition involving lifting a disabled child's wheelchair, their actions, including requests for a specialized van, were deemed a grossly careless omission rather than the deliberate, quasi-criminal conduct required for serious and willful misconduct. Consequently, the applicant is not entitled to the 50% increase in compensation previously awarded.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration, rescinded a prior award, and found no serious and willful misconduct by the employer. While the employer had knowledge of a dangerous condition involving lifting a disabled child's wheelchair, their actions, including requests for a specialized van, were deemed a grossly careless omission rather than the deliberate, quasi-criminal conduct required for serious and willful misconduct. Consequently, the applicant is not entitled to the 50% increase in compensation previously awarded.
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