What the panel ordered
Petition for Reconsideration denied.
applicant seeks reconsideration of the May 9, 2023 Findings and Order denying serious and willful misconduct claim against employer.
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 evidence did not show that the employer or its representatives had actual knowledge of a safety order violation or that the conditions posed a probable risk of serious injury with reckless disregard. The classroom size and occupancy were within contractual limits, and the cited regulations were construction codes, not safety orders. The employer's conduct did not rise to the level of serious and willful misconduct.
From the decision · page 1applicant seeks reconsideration of the May 9, 2023 Findings and Order, wherein the workers' compensation administrative law judge (WCJ) found that applicant's injuries were not caused by the serious and willful misconduct of her employer.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.