Larios Gavino, Pedro

Applicant Pedro Larios Gavino was injured on 11/25/2019 while on a roof with homeowner Ryan Lynch assessing roof damage. Because multiple potential employers denied employment, the WCJ joined several parties—including Ryan Lynch dba Ryan Lynch Construction—and conducted a trial that ultimately found Lucas Lucatero dba Alpha Building Company (insured by State Compensation Insurance Fund) to be the employer. Ryan Lynch's attorney then filed a Petition for Sanctions against SCIF, arguing SCIF's joinder of Lynch and failure to present employment evidence at trial was frivolous, leaving Lynch responsible for substantial attorney's fees. The WCJ recommended denial, and the WCAB denied reconsideration, holding that SCIF was within its right to dispute employment because credible evidence existed that Lynch could have been the employer, so SCIF's position was not 'indisputably without merit' under WCAB Rule 10421.