For a seriously and willfully misconduct case, with 50% PD, what is the proper procedure before reducing benefits?

• A. Immediately reduce benefits by 50%
• B. Reduce reserves due to the potential serious & willful misconduct
• C. Obtain an Order from the WCAB before reducing.
• D. document the file and go on to other work

Answer: (C)

When serious and willful misconduct is alleged in a workers’ compensation case, the correct way to change PD benefits is to obtain an order from the Workers’ Compensation Appeals Board before making any reduction. This ensures due process and that the misconduct is properly proven and reviewed by a court-like body. The board’s order would specify whether and how much benefits are reduced or suspended, if at all.

Unilateral reduction is not allowed, because PD awards are rights established by the rating and the claim record, and any penalty or adjustment tied to misconduct must be adjudicated. Simply reducing reserves or taking action without a formal order would bypass the legal process and could jeopardize the validity of the benefit payment. Merely documenting the file and moving on ignores the required procedure and the protections built into the system.

So, the proper step before reducing benefits is to obtain an order from the WCAB.