Lopez Romero, Francisco

Applicant Francisco Lopez Romero, a landscaper, sustained industrial injury to his chest, back, left elbow, left wrist, left shoulder, and neck in a November 6, 2018 motor vehicle accident while driving a company vehicle and picking up a coworker on the way to work. He recovered $66,081.67 net from a third-party civil claim against the decedent's insurance. The WCJ found no employer negligence and granted defendant a full credit against applicant's net civil recovery; applicant sought reconsideration arguing employer negligence existed and the record should be developed. The WCAB, applying the four-step Martinez analysis, affirmed the F&O, holding that applicant failed to meet his burden of proving employer negligence in any degree because the accident (a disabled vehicle in the traffic lane on an interstate, struck by applicant who was speeding) was not foreseeable and the employer did not direct applicant to drive unsafely. The Board rejected applicant's 'special relationship' and coworker-tardiness theory and declined to develop the record where no negligence was shown.