If an employee has an admitted injury resulting in permanent disability of 72% and is guilty of serious and willful misconduct, what should the Board award?

In California workers' compensation law, if an employee suffers an admitted injury that results in permanent disability but is also guilty of serious and willful misconduct, the compensation awarded may be impacted by that misconduct. Under these circumstances, the law prioritizes the severity of the disability—here, 72%.

When an employee is found to have committed serious and willful misconduct, the amount of compensation may be reduced, but it does not eliminate the right to receive compensation entirely. In this case, while the misconduct is acknowledged, the employee still suffers from a permanent disability, which is calculated at 72%. Therefore, the correct award in this scenario is based on the degree of permanent disability rather than a complete denial of benefits.

This is significant because it highlights the balance the California workers' compensation system seeks to maintain between personal accountability for misconduct and ensuring that injured workers receive benefits for their disabilities, reflecting the extent of their injury rather than their behavior.