Bermudez, Crispin

Crispin Bermudez, a managing member of Elkhorn Packing Company, LLC, claimed industrial injuries to his back, ankles, and hearing during a cumulative period ending August 4, 2023 (ADJ18217235) and on July 29, 2022 (ADJ18217236). Bermudez had executed a written waiver of workers' compensation rights on October 28, 2020 pursuant to Labor Code section 3352(a)(17). An arbitrator found the waiver invalid because Bermudez lacked the subjective intent to relinquish his rights, thus concluding he was covered under Zenith's policy. The Appeals Board granted Zenith's petition for reconsideration, holding that mutual assent to a contract is judged by objective manifestations, not subjective intent, and that failure to read a contract does not excuse its terms. The Board rescinded the arbitrator's decision and found Bermudez was excluded from the definition of employee and not covered under the Zenith policy.