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PanelGranted

Aguilar, Lauriano

LAURIANO AGUILAR, Applicant vs. B&S PLASTICS dba WATERWAY PLASTICS; SAFETY NATIONAL CASUALTY COMPANY, administered by TRISTAR RISK MANAGEMENT, Defendants

ADJ number: ADJ16655371
Decision date: Feb 26, 2024
District office: Pomona
WCJ: —
Claim administrator: TRISTAR Risk Management (administering for Safety National Casualty Company)
Commissioners: JOSÉ H. RAZO, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: face, right shoulder

LC §3600LC §3208.3LC §5400LC §5411LC §5412LC §3202.5

Summary

Applicant Lauriano Aguilar claimed a specific injury to his face and right shoulder on July 11, 2022, while employed as an assembler at B&S Plastics dba Waterway Plastics. The employee separation form showed a layoff date of July 22, 2022, and applicant's DWC-1 claim was dated August 20, 2022 and filed in EAMS on September 7, 2022—after the layoff. The WCJ found defense witness Carlos Mora more credible than applicant and concluded applicant did not establish notice of injury prior to layoff. The WCAB granted reconsideration to amend the decision to reflect that compensation is barred under Labor Code section 3600(a)(10) (post-termination defense), and otherwise affirmed. The Board accorded great weight to the WCJ's credibility determinations under Garza and found no exception to the post-termination bar applied.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.