An employee has an admitted injury resulting in PD of 72%. The employee is also guilty of serious & 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 & 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 awards are driven by the impairment rating itself, not by the employee’s fault or misconduct. When a treating physician assigns a PD of 72%, that impairment level establishes the basis for the disability award. Serious and willful misconduct by the employee may affect other aspects of the claim (such as penalties, denial of certain benefits, or considerations in penalties/settlements), but it does not automatically reduce or offset the impairment-based PD award. Therefore, the board should grant the full 72% permanent disability. The other options would imply a reduction or denial of the impairment award, which isn’t supported by how PD is determined.

Permanent disability awards are driven by the impairment rating itself, not by the employee’s fault or misconduct. When a treating physician assigns a PD of 72%, that impairment level establishes the basis for the disability award. Serious and willful misconduct by the employee may affect other aspects of the claim (such as penalties, denial of certain benefits, or considerations in penalties/settlements), but it does not automatically reduce or offset the impairment-based PD award. Therefore, the board should grant the full 72% permanent disability. The other options would imply a reduction or denial of the impairment award, which isn’t supported by how PD is determined.