Janikowski, Paul

Paul Janikowski, a Tesla production associate, suffered a serious crush injury to both legs and his left ankle on November 13, 2019, when an energized conveyor with one-ton skids activated while he was crossing in front of it during Job 1911 (cleaning and lubricating skids). The WCJ found that Tesla engaged in serious and willful misconduct under Labor Code section 4553 and awarded increased compensation. Tesla petitioned for reconsideration, arguing that it had safety protocols in place compliant with Cal OSHA standards, that worker safety complaints were generalized, that applicant incorrectly placed the machine in manual mode and crossed a danger zone, and that the WCJ wrongly excluded its written witness statement exhibits. The Board adopted and incorporated the WCJ's Report and denied reconsideration, finding that Tesla knew of the dangerous condition, knew serious injury was probable, and deliberately failed to take corrective action—particularly by reducing the job from a two-person operation to a one-person operation despite consistent worker complaints. The Board affirmed that crossing an energized conveyor with moving skids was inherently dangerous and that defense witness Allenbaugh failed to refute applicant's and his co-workers' credible testimony.