Mike Bubalo Construction Company; Seabright Insurance Company Mielchor Elizarraras WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMIELCHOR ELIZARRARAS, Applicant,vs.MIKE BUBALO CONSTRUCTION COMPANY; SEABRIGHT INSURANCE COMPANY, Defendants.Case No. ADJ6634260OPINON AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATIONDefendant seeks reconsideration of the May 20, 2010 Findings and Orders of the workers’ compensation administrative law judge, who found in pertinent pan that “The parties in this matter are not subject to the Alternative Dispute Resolution procedures set forth in Labor Code §3201.5.”1 It is admitted that applicant incurred industrial injury to his low back and right shoulder on January 22, 2008, while working for Mike Búbalo Construction Company (Búbalo) as a laborer, and he claims to also have injured other body parts at that lime.2 Defendant contends that there is a valid section 3201.5 Alternative Dispute Resolution (ADR) process that applies to the industrial injury claimed by applicant pursuant to a collective bargaining agreement made between the Southern California District Council of Laborers and defendant Búbalo. We grant reconsideration and as our decision after reconsideration rescind the May 20, 1 Funher statutory references are to the 1-abor Code.2 The correct spelling of applicant’s name is unknown. The name is captioned “Melchior F.lizararras” on the petition for reconsideration, “Melchor Elizzarras” on applicant’s answer to the petition for reconsideration, “Melchor Eizarraras” on the Application tor Adjudication of Claim, and “Melchior Elizararras” on the caption of the WCJ’s May 20, 2010 decision. The name is captioned above as “MELCHOR ELIZARRARAS” because that is the way it is referenced in the EAMS system. , 2010 findings and Orders. The WCJ’s decision was based upon a determination of issues that were not clearly framed before or at trial, and the record indicates
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