What the panel ordered
Findings and Order of 2021-10-26 rescinded; injury found industrial and presumptively accepted; defendant failed to prove applicant was initial physical aggressor; case remanded for further proceedings
Petition for Reconsideration granted to study factual and legal issues; WCJ Findings and Order of 2021-10-26 rescinded and replaced
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.
Defendant failed to prove applicant was the initial physical aggressor; coworker did not testify and witness testimony was limited and uncertain; injury is industrial and presumptively accepted due to untimely denial by defendant.
From the decision · page 5Defendant produced insufficient evidence to meet its burden of proof as to the initial
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Defendant failed to prove applicant was the initial physical aggressor in the altercation.