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PanelDenied

Miguel Aguilera — ADJ11562135

MIGUEL AGUILERA, Applicant vs. CASTREJON, INC., ET AL., Defendants

ADJ number: ADJ11562135
Decision date: Nov 18, 2021
District office: Bakersfield
WCJ: Marilen Zinner
Claim administrator: Security National Insurance; State Compensation Insurance Fund; Meadowbrook Insurance; Intercare Holdings Insurance Services; Insurance Company of the West
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, MARGUERITE SWEENEY, COMMISSIONER, DEIDRA E. LOWE, COMMISSIONER

Injury / body parts: neck, back, spine, skin, respiratory system

LC §5402LC §5903LC §5902LC §5500.5LC §5412LC §3600LC §5813LC §5905LC §4060LC §5705LC §3202.5LC §3357CCR §10974CCR §10600

Summary

Applicant Miguel Aguilera alleged a cumulative trauma injury to his neck, back, spine/skin, and respiratory system from January 1, 2006 to July 26, 2014, naming 22 alleged employers. The WCJ found that applicant failed to comply with two Discovery Orders requiring him to obtain Social Security earnings records, failed to prove covered employment with any defendant except D&S Labor Service, failed to prove injury AOE/COE, and failed to appear at the February 19, 2020 Priority/Mandatory Settlement Conference. The WCJ ordered applicant to take nothing and, in the alternative, granted defendants' motion to dismiss. The WCAB denied reconsideration, adopting and incorporating the WCJ's report, finding applicant did not meet his burden of proving injury AOE/COE by a preponderance of the evidence and was provided adequate notice of all hearings.

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.

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.