In this case, Pedro Villagrana was employed as a landscape and maintenance worker at Rusack Ranch for five years when he sustained an industrial injury to his back on May 30, 2006. On January 1, 2006, the company that paid him changed its name from Celadon to Sombrilla Management. The Workers’ Compensation Appeals Board granted reconsideration and rescinded the Joint Findings and Award, returning the matter to the trial level to further develop the evidentiary record relative to the identity of applicant’s employer on January 1, 2006.
Sombrilla Management LLC; State 8 Compensation Insurance Fund Pedro Villagrana WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAPEDRO VILLAGRANA, Applicant,vs.SOMBRILLA MANAGEMENT LLC; STATECOMPENSATION INSURANCE FUND, Defendants.Case No. ADJ3983015 (GRO 0034612)ADJ4506616 (GRO 034613)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Applicant, Pedro Villagrana, seeks reconsideration of the Joint Findings and Award, issued November 10, 2010, in which a workers’ compensation administrative law judge (WCJ) found, inter alia, that applicant’s claim for injury to his psyche was barred under Labor Code section 3208.3(d), because applicant was not employed by the same employer for the requisite six months when he sustained his orthopedic injury on May 30, 2006.[justify][/justify]Applicant contests the WCJ’s conclusion that effective January 1, 2006, he became employed by a different entity, arguing that the fact that the business that employed h
