Carrillo, Tomas

Tomas Carrillo claimed a specific injury on February 22, 2019 (ADJ12047380) and cumulative trauma from January 6, 2014 through February 22, 2019 (ADJ12048111). The WCJ found applicant was employed by Baron HR (not Trion Solutions), found a general-special employer relationship between Baron HR LLC and O'Tasty Food, Inc., excluded Exhibits B and G, and ordered Falls Lake Insurance to administer the claims under Insurance Code section 11663. Falls Lake petitioned for reconsideration, arguing the WCJ erred in relying on Insurance Code 11663 and in excluding Exhibit G. The Appeals Board found the WCJ decided issues not raised at trial (insurance coverage, administration, and Insurance Code 11663), failed to decide an issue that was raised (applicant's right to elect against a special employer), made incomplete and inconsistent employment findings, and improperly relied on Borello (independent contractor analysis) rather than dual/general-special employment authority. The Board rescinded the Findings and Order and returned the matter to the trial level for a 'do-over' and new decision.