Hernandez, Luis

Applicant Luis Hernandez alleged cumulative low back injury during employment as a plumber with both Quality Plumbing (insured by GuideOne and Argonaut) and J.R. Pierce Plumbing (insured by Cypress), and elected to proceed against Cypress under Labor Code section 5500.5(c). After the WCJ found applicant did not sustain cumulative injury during the brief J.R. Pierce employment and ordered applicant 'take nothing,' the WCJ later clarified that this finding did not absolve Quality Plumbing and permitted applicant to litigate against it. GuideOne and Argonaut sought reconsideration, arguing the WCJ lacked authority under section 5500.5 to adjudicate against Quality Plumbing and that res judicata/collateral estoppel barred the claim. The Board affirmed, holding that section 5500.5(c) does not bar an applicant from pursuing other potentially liable employers after an unsuccessful election, and that no prior adjudication had occurred between applicant and Quality Plumbing. The Board emphasized the WCJ's finding that applicant brought 'disabilities' from Quality Plumbing to Pierce, and that liability among defendants is decided de novo.