Ceja, Sergio

Applicant Sergio Ceja claimed a June 10, 2020 injury to his neck, right shoulder, and low back while working for Jorge Montes DBA Montes Landscaping, an illegally uninsured employer. The employer denied the claim, asserting applicant was an independent contractor, but failed to list any witnesses by name (listing only 'DEFENDANT'S WITNESSES') or any witness statements on the Pre-Trial Conference Statement. The WCJ excluded defendant's Exhibits C through E (undated witness statements) and denied defendant's oral motion at trial to call Jorge Montes as an undisclosed witness, finding no good cause for the failure to disclose, and found applicant credible, awarding employment, injury AOE/COE, temporary disability, and an EDD lien recovery. Defendant petitioned for reconsideration alleging due process violations from exclusion of evidence and the witness, and challenging the credibility finding. The WCAB denied reconsideration, adopting the WCJ's Report, holding that exclusion of undisclosed witnesses and evidence was proper under Labor Code section 5502(d)(3) and that due process was satisfied because petitioner had notice and an opportunity to be heard.