Alvarez, Adan

Applicant Adan Alvarez claimed an industrial injury while working for uninsured employers Victor and Justine Martinez (dba Bob Williams Moving and Tri Star Moving). The employers filed for Chapter 7 bankruptcy, and applicant admittedly failed to file a proof of claim in those proceedings. The WCJ dismissed applicant's claim with prejudice, finding that under Ortiz v. WCAB, the failure to file a proof of claim enjoined applicant from obtaining an enforceable award against the employers or UEBTF. On January 3, 2025, the Board granted reconsideration, rescinded the dismissal, and returned the matter to trial, distinguishing Ortiz because applicant had no workers' compensation award before the bankruptcy discharge and relying on Slali v. Ruiz to hold that the failure to file a proof of claim was not fatal. UEBTF then sought reconsideration of that decision, which the Board denied on April 1, 2025, holding that failure to file a proof of claim in either an asset or no-asset Chapter 7 bankruptcy does not enjoin an employee from later seeking payment from UEBTF.