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Should workers’ comp benefits be reduced because worker didn’t wear PPE?

The question the court had to decide in this case: Did the worker intentionally not wear his PPE?

Shawn Smith was an employee of Judy Construction in Kentucky. On Dec. 2, 2015, Smith fell about 40 feet from a bridge and suffered significant injuries to his spleen, bowels, head, wrists, elbow, knees, back, ribs and pelvis.

Smith filed for workers’ comp and was awarded permanent partial disability benefits.

An administrative law judge refused to decrease Smith’s benefits as requested by his employer because he violated a safety rule.

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