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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ13228350
Regular
Jul 14, 2025

Paul Janikowski vs. Tesla Motors, Inc.

Applicant Paul Janikowski, a production associate at Tesla Motors, Inc., suffered severe leg and ankle injuries in 2019 due to a machine malfunction involving a conveyor and skids. He alleged serious and willful misconduct by Tesla, arguing that the company failed to provide adequate safety protocols and reduced the job from a two-person task to a one-person task, forcing him to cross an energized conveyor. Despite defendant's arguments that safety protocols were in place and the operation met industry standards, the Workers' Compensation Administrative Law Judge (WCJ) found that the applicant met his burden of proof. The Appeals Board denied Tesla's petition for reconsideration, affirming the WCJ's finding of serious and willful misconduct by the employer.

Serious and willful misconductLabor Code section 4553Petition for ReconsiderationFindings Order and AwardWCJCal OSHAMercer-FraserJohns-ManvilleHawaiian PineappleDowden
References
Case No. ADJ3222915 (AHM 0088158)
Regular
May 24, 2010

ALFONSO LOPEZ vs. SUPERIOR FORGE, STATE COMPENSATION INSTITUTION

The Workers' Compensation Appeals Board granted reconsideration and rescinded the WCJ's award, finding the applicant's psychiatric injury claim is barred under Labor Code § 3208.3. The Board determined the applicant's act of kicking the conveyor belt, leading to his injury, was not a "sudden and extraordinary" employment condition, and he did not meet the six-month employment requirement for psychiatric injury claims. The case is returned to the trial level for further proceedings to determine permanent disability without considering the psyche injury, and to address other issues like vocational expert fees and credits.

Labor Code Section 3208.3Sudden and extraordinary employment conditionPsychiatric injuryVocational rehabilitation expertPermanent disabilityReconsiderationFindings and AwardConsequential injuryDiminished future earning capacityLeBoeuf standard
References
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