An employee seriously injured due to his own serious and willful misconduct. The compensation is reduced by 50% unless

• A. He is a minor
• B. The injury results in death
• C. The injury produces permanent disability of 70% or higher
• D. Both B & C

Answer: (D)

In California workers’ compensation, if an injury is caused by the employee’s serious and willful misconduct, the amount of compensation is normally reduced by 50 percent. There are two specific situations that waive this reduction: if the injury results in death, or if there is permanent disability rated at 70 percent or higher. In either of those cases, the 50 percent penalty does not apply, so the employee receives the full or higher level of benefits. The option involving death and a 70% or higher permanent disability correctly identifies the circumstances that negate the reduction. Being a minor isn’t an exception to the rule.