Ever Gonzalez vs. Plus International Corporation; Chartis Costa Mesa On Behalf Of Granite State Insurance Company

In this case, Ever Gonzalez, an employee of Daniel Santos, filed an application for adjudication of claim alleging that he sustained an industrial injury while working as a roofer for defendants Plus International Corporation and Santos. The sole issue set forth for adjudication was employment, i.e. "is Plus International liable as an employer for WC benefits?" The WCJ found that applicant was employed by Santos, but the WCAB granted reconsideration and rescinded the June 7, 2010 Finding of Fact, returning the matter to the trial level for further proceedings to develop the record and a new decision by the WCJ. The WCAB found that the evidence was insufficient to support a decision on the disputed issues of employment and whether Plus International is liable as

Plus International Corporation; Chartis Costa Mesa On Behalf Of Granite State Insurance Company Ever Gonzalez WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAEVER GONZALEZ, Applicant,vs.PLUS INTERNATIONAL CORPORATION; CHARTIS COSTA MESA On Behalf Of GRANITE STATE INSURANCE COMPANY, Defendant.Case No. ADJ6644580OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Applicant seeks reconsideration of the Finding of Fact issued by a workers’ compensation judge (WCJ) on June 7. 2010. wherein the WCJ found that applicant was employed by Daniel Santos on January 26. 2009. when applicant claims he sustained an industrial injury to his right upper extremity, rig^tf lower extremity, and hcait/pulmonary while working as a roofer. In the Opinion on Decision, the WCJ found that applicant did not produce sufficient evidence to sustain a finding that Samos performed services for defendant, Plus International Corporation (Plus International), for which a contractor’s license w’as required. Ihe WCJ also found that applicant did not produce sufficient evidence to sustain a finding that Santos was uninsured on the date of injury.            Applicant contends that the WCJ erred in finding that he was employed by Santos, arguing that the WCJ should have found that he was an employee of Plus International pursuant to Labor Code section 2750.5′ and /J/en v. Horner (1986) 187 Cal.App.3d 1380 [51 Cal.Comp.Cases 615], because Santos was unlicensed and uninsured at the time of injury. 1 Unless otherwise stated, all further statutory references are to the Labor Code. ,             We have considered lhe petition for reconsideration, and we have reviewed the record in this matter. Defendant filed an answer The W’CJ prepared a Report and Recommendation on Petition for Reconsideration (‘ Report”), recommending that the petition be denied            For the reasons discussed below, we will grant reconsideration, rescind the June 7. 2010 Finding of Fact, and

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