By Connor Sestak
On December 28, 2020, the Bureau of Workers’ Compensation Appeals Board issued a ruling affirming the trial court’s finding that no workers’ compensation benefits were due to the employee as he willfully violated the employer’s safety rules.
Of upmost importance in this case was the employer’s detailed Lock-Out-Tag-Out (LOTO) safety policy and enforcement of this policy. Based on the presented facts, the Appeals Board concluded the employer met its burden in proving the employee willfully violated the LOTO policy and did not have a valid excuse for doing same.
If you have any questions about the case, or want to discuss it in more detail, please feel free to contact us.