Guico v. Excel Corp.

While I recognize that the scope of our review of factual determinations by the Workers’ Compensation Court is exceedingly narrow, it does not require us to ignore undisputed evidence or *725abandon common sense. I respectfully dissent because, in my view, the trial judge’s analysis of the willful negligence issue was based upon three findings of fact which are clearly wrong.

The first finding involves the question of whether Guico understood and appreciated the danger involved in disobeying the employer’s safety rule which is at issue in this case. In concluding that he did not, the trial judge…