Chinchilla, Ricardo

Applicant Ricardo Chinchilla filed a 1997 claim against his employer, Protective Services of Southern California (PSSC), an uninsured employer, for an August 1997 injury. UEBTF was joined and over time the matter proceeded against Protective Services, Inc. (PSI) and its alleged substantial shareholders Sandra Burke and Roberto Olguin Jr., culminating in a 2011 Stipulated Award against PSI and the shareholders. PSI and the shareholders petitioned to be dismissed and to amend the Award, arguing the WCAB never acquired jurisdiction over them. The WCJ found no jurisdiction to amend and no basis for estoppel. The WCAB granted reconsideration, holding that because there was no evidence the Application was amended to name PSI, no special notice of lawsuit was served as summons, and no order joining PSI or the shareholders ever issued, the WCAB never acquired jurisdiction over them. The Board rescinded the F&O and ruled the April 6, 2011 Award void ab initio.