Figueroa, Luis

Applicant Luis Figueroa was injured while working, with disputes over whether he was employed by Green Zone Trucking (uninsured) and/or Pacgran (insured). Pacgran was released from liability based on a good faith employment dispute in exchange for a $50,000 settlement from its insurer, prior to the employment trials. The WCAB had previously rescinded a Findings and Award provision stating UEBTF had no liability and that liability was found 'only' as to Green Zone Trucking. UEBTF sought reconsideration arguing it could not be held derivatively liable because applicant allegedly had a second insured employer (Pacgran) and that Labor Code section 3716(b) should bar derivative liability. The Board denied reconsideration, holding that Pacgran's pre-trial release deprived the WCJs of jurisdiction to make findings of Pacgran employment, that section 3716(b) only limits UEBTF's derivative liability for cumulative—not specific—injury claims, and that the equities did not favor shifting the enforcement burden to applicant.