Escobar Palomares, Yahir

Applicant Yahir Escobar Palomares claimed an industrial low-back injury on October 10, 2022 while working as a laborer building a deck on a rental property owned by the Romano Family Trust. The sole issue at trial was the identity of the proper employer between Joe Romano and Manuel Torres. The WCJ found applicant was Romano's employee and that no special/general employment relationship existed. Romano, in pro per, sought reconsideration arguing Torres was the employer, that Torres generally employed applicant, and that applicant should be precluded for failing to appear at prior proceedings. The Board denied reconsideration, holding Romano failed to rebut the presumption of employment under Labor Code section 2775 and that the record did not establish a dual employment relationship.