Workers' Compensation
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Case Details
Employee suffered severe disabling injuries as a result of the employer’s serious and willful misconduct. The Department of Industrial Accidents Reviewing Board affirmed the Judge’s double compensation award.
Additional Notes
Section 28 claims are rare and often unsuccessful because of the requirement to prove a willful act or failure. The Department found that the failure of the employer to educate its employees as to the existence of this safety device, and the removal of the key to operate it, were equivalent to forcing the employee to work in a dramatically unsafe environment. Attorneys Thomas Downey and Ronald Kidd represented the client.
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