In a 1992 injury case where the permanent disability award was $69,782 and the board found the injury resulted from serious and willful misconduct, by how much may the compensation otherwise recoverable be reduced?

• A. One-half
• B. No reduction
• C. No greater than 75%
• D. None of the above

Answer: (B)

In California workers’ compensation, fault or employee misconduct does not automatically reduce the disability benefits that are otherwise payable. The permanent disability award is determined by impairment and statutory schedules, not by who was at fault or whether the injury involved serious and willful misconduct. Therefore, even if the board finds the injury resulted from serious and willful misconduct, the amount that is otherwise recoverable is not reduced. In this case, the $69,782 award would not be cut due to the misconduct finding, so there is no reduction.