Security guard’s failure to wear helmet properly justifies benefit reduction

Friday, June 10th, 2011 Litigation Workers' Compensation

A security guard supervisor was working at a shopping mall when he fell off an electric three-wheel vehicle and suffered a traumatic brain injury. Because of his brain injury, he had no recollection of the accident or whether he was wearing a helmet. Witness testimony and surveillance video indicated that the guard was wearing a helmet but the chin straps were pulled through the back of the helmet. The employer sought to reduce the guard’s benefits by 25 percent due to...


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