In a scenario where serious and willful misconduct reduces compensation by 50%, the reduction is avoided if the injury results in death or what else?

In a scenario where serious and willful misconduct reduces compensation by 50%, the reduction is avoided if the injury results in death or what else?

• A. The injury results in death
• B. Permanent disability of 70% or over
• C. Minor
• D. Death or permanent disability of 70% or over

Answer: (D)

When serious and willful misconduct triggers a 50% reduction in compensation, there’s an exception for cases with very severe outcomes. The reduction is not applied if the injury results in death or in permanent disability of 70% or more. The idea is that if the injury is fatal or leaves the worker with a high level of permanent impairment, applying a punitive reduction would be inappropriate or overshadowed by the seriousness of the outcome. So the “what else” besides death is permanent disability rated at 70% or over.

When serious and willful misconduct triggers a 50% reduction in compensation, there’s an exception for cases with very severe outcomes. The reduction is not applied if the injury results in death or in permanent disability of 70% or more. The idea is that if the injury is fatal or leaves the worker with a high level of permanent impairment, applying a punitive reduction would be inappropriate or overshadowed by the seriousness of the outcome. So the “what else” besides death is permanent disability rated at 70% or over.