Rodriguez, Ramon

Applicant Ramon Rodriguez was injured on December 26, 2022 while demolishing a shed at a Rialto property owned by AIREF Rialto Commerce Center, which had hired Fullmer Construction as general contractor, who in turn hired T9 Enterprises for demolition work. The WCJ found that applicant was solely employed by Esiquio Sierra, an unlicensed and uninsured individual, and that none of the corporate defendants (Fullmer, AIREF, Sierra Demolition Services, or T9) employed applicant, concluding that the 'ultimate hirer' theory under Blew v. Horner did not apply because there was no proof Esiquio Sierra was employed by any defendant. UEBTF sought reconsideration, arguing the WCJ erred in this conclusion and failed to apply the law regarding ultimate hirer liability and section 2750.5. The Board granted reconsideration, rescinded the F&A, and remanded for further development of the record, finding the conclusion that Esiquio Sierra was the sole employer improbable and noting serious due process deficiencies in that Esiquio Sierra was never properly named, served, or notified that his personal liability was at issue.