Marvin Lee Weatherbee dba Beeline Transportation, illegally uninsured, Kiewit Pacific Company, permissibly self-insured Christopher Toms WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACHRISTOPHER TOMS, Applicant,vs.MARVIN LEE WEATHERBEE dba BEELINE TRANSPORTATION,illegally uninsured, KIEWIT PACIFIC COMPANY, permissiblyself-insured, Defendants.Case No. ADJ6540543 (Redding District Office)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant, Kiewit Infrastructure West Company (Kiewit), permissibly self-insured, seeks reconsideration of the Findings and Award and Order, issued March 29, 2013, in which a workers’ compensation administrative law judge (WCJ) found that applicant, Christopher Toms, sustained an industrial injury on September 28, 2007, while employed as a truck driver by Beeline Transportation, illegally uninsured. The WCJ held that Kiewit and Marvin Lee Weatherbee, aka Beeline Transportation (Beeline), were dual employers of applicant and that Kiewit was the ultimate hirer of applicant and is jointly and severally liable with Beeline Transportation for all benefits. The Uninsured Employer Benefits Trust Fund (UEBTF) was relieved of all liability. Other than the finding of employment, all issues were deferred. Defendant contests the WCJ’s finding of an employment relationship between applicant and Kiewit, asserting that applicant was an employee only of Beeline, which contracted with Kiewit as an independent contractor to haul raw materials to a construction project, and which was not involved in a joint venture with Kiewit. As of the date of this opinion, no party has filed an answer to defendant’s petition. As we find applicant was not an employee of defendant Kiewit, we shall grant reconsideration, rescind the Findings and Award and Order, and return this matter to the trial level for a new final award. , I. Applicant sustained an admitted industrial injury on Septem
