Villalpando, Abate

Applicant Abate Villalpando alleged a cumulative trauma injury (head, neck, back, psyche, headaches, internal, and sleep disorder) during employment from February 1, 2016 to October 15, 2017 involving multiple employers and insurers. After applicant filed a Notice of Election under Labor Code section 5500.5(c) against G Burger insured by State Farm, the WCJ first denied and then deferred the election pending adjudication of injury AOE/COE. Applicant sought removal, arguing the order abrogated his statutory right to elect against one of successive employers/carriers. The Appeals Board granted removal, holding that a complete evidentiary record under Hamilton is necessary to evaluate the election in the first instance, and affirmed the Order but amended it to defer the election pending creation of an evidentiary record rather than pending AOE/COE determination. The Board further observed that requiring a judicial determination on AOE/COE or nature and extent as a prerequisite to election is inconsistent with the legislative intent of section 5500.5(c).