Applicant Jorge Gonzalez, a warehouse loader/unloader, was struck by a pallet jack on 06-08-2021, injuring multiple body parts. The dispute centered on whether he was employed by both Alger-Triton, Inc. (uninsured, which admitted employment) and Studio AT (insured by The Hartford, which denied employment), and whether the two had joint and several liability. The WCJ found, based on applicant's credible and unrebutted testimony and documentary evidence of co-mingled payroll, that applicant was employed by both entities and that they bore joint and several liability. Studio AT/The Hartford petitioned for reconsideration. The WCAB denied reconsideration, adopting the WCJ's Report and Opinion (except portions addressing applicant's Answer requests), and admonished defense counsel for failing to support arguments with record references and for impugning the WCJ's integrity by suggesting the employment finding was based on sympathy.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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