What the panel ordered
Petition for Reconsideration by defendant is denied.
Defendant seeks reconsideration of the Amended Findings of Fact, Award and Order issued by the WCJ on August 31, 2022, which found that applicant's termination was not in good faith and deferred several issues including temporary disability for further development.
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 applicant's testimony credible and no substantial evidence was presented to prove termination was for good cause. Employer witness had no first-hand knowledge and the record lacked evidence of company policy or prior misconduct incidents. The WCJ's credibility determinations were given great weight.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Applicant testified credibly about the termination incident on June 26, 2019.
Favours Applicant prevailed
Credibility of applicant's testimony was given great weight by WCJ and no contrary substantial evidence was presented.