What the panel ordered
Petition for Reconsideration is denied, affirming the prior Findings of Fact & Orders that petitioner failed to prove employment and injury and failed to comply with discovery orders.
This docket was decided more than once. Shown here is the latest released decision; we also hold June 7, 2021.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
AOE/COEDefendant prevailedneck · back · spine · respiratory system
Applicant failed to prove employment and injury arising out of and in the course of employment by a preponderance of the evidence, as found by the WCJ and affirmed by the panel.
From the decision · page 11The employee bears the initial burden of proving injury arising out of and in the course of employment (AOE/COE) by a preponderance of the evidence. (Lab. Code, § 5705; South Coast Framing v. Workers' Comp. Appeals Bd. (Clark) (2015) 61 Cal.4th 291, 297-298, 302 [80 Cal.Comp.Cases 489]; Lab. Code, § 3202.5, 3600(a).) In this case, we agree with the WCJ that applicant did not meet his burden of proof.