If an employee has a permanent disability of 72% due to an admitted injury but is guilty of serious and willful misconduct, what should the board award?

• A. 36%
• B. 72%
• C. Nothing
• D. The dollar value of 1/2 of 72%

Answer: (B)

In cases of permanent disability due to injury, the extent of that disability influences the compensation awarded. Here, the permanent disability is quantified at 72%, meaning the employee has significant and lasting impairment resulting from a work-related injury. However, the serious and willful misconduct of the employee complicates the situation regarding the compensation they might receive.

Under many workers' compensation systems, if an employee's injury is a direct result of their own serious and willful misconduct, the resulting compensation could be limited or eliminated altogether. However, in this context, the board would still typically consider the severity of the declared permanent disability in determining compensation, which is why the full percentage of 72% is relevant for the award.

Choosing the full percentage reflects a recognition of the employee's level of disability due to the injury sustained, despite the factor of misconduct. The board essentially acknowledges that while the employee engaged in misconduct, the physical and functional impact of the injury itself remains significant and merits compensation reflective of that state.

Therefore, awarding 72% aligns with the recognition of the employee’s permanent disability without fully negating the calculated impact of the injury, suggesting that there is still accountability to address the disability while considering the misconduct.