Workers' Compensation
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Case Details
DIA Reviewing Board in Boston ruled that returning to work against a doctor’s advice does not satisfy Section 27 (serious and willful misconduct of the employee), affirming the Administrative Judge's decision.
Additional Notes
The case involved an employee who returned to work against medical advice and was subsequently injured again. The insurer argued serious and willful misconduct, but the Reviewing Board rejected this, stating the misconduct must be the cause of the injury. The employee was injured when a co-worker dropped staging onto his back, which was not proximately caused by his alleged misconduct.