A finding that the injures resulted from the injured employee's serious and willful misconduct means?

A finding that the injures resulted from the injured employee's serious and willful misconduct means?

• A. A 50% reduction in the applicant's indemnity benefits
• B. The compensation otherwise payable shall be reduced by one-half
• C. A 10% reduction if the injury causes disability greater than 70%
• D. No reduction if the employee is under 18 years or age at the time of injury

Answer: (B)

When an injury is found to result from the employee’s serious and willful misconduct, California workers’ compensation applies a penalty to the indemnity portion of benefits. The indemnity benefits that would otherwise be payable are reduced by one-half. Medical benefits, however, remain payable as usual. The term “serious and willful misconduct” means the employee consciously engaged in conduct with knowledge of the risk or with a deliberate disregard for safety, not merely ordinary negligence. So the correct interpretation is that the compensation otherwise payable shall be reduced by one-half.

When an injury is found to result from the employee’s serious and willful misconduct, California workers’ compensation applies a penalty to the indemnity portion of benefits. The indemnity benefits that would otherwise be payable are reduced by one-half. Medical benefits, however, remain payable as usual. The term “serious and willful misconduct” means the employee consciously engaged in conduct with knowledge of the risk or with a deliberate disregard for safety, not merely ordinary negligence. So the correct interpretation is that the compensation otherwise payable shall be reduced by one-half.