What the panel ordered
Petition for Reconsideration denied.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The WCJ found credible testimony that the employer was aware of dangerous conditions with the extruder rollers opening and closing unexpectedly, failed to take corrective action, and departed from safety procedures, resulting in serious injury to the applicant. The employer's conduct was found to be serious and willful under the Labor Code.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Employer was aware of extruder rollers opening and closing unexpectedly multiple times prior to injury and failed to take corrective action.
Favours Applicant prevailed
This established employer's knowledge of dangerous condition and failure to act, supporting serious and willful misconduct finding.
Employer departed from safety procedures by requiring cleaning of rollers while running, contrary to manufacturer and prior safety policies.