Figueroa, Luis

Applicant Luis Figueroa was injured on December 18, 2012 while working as a driver for Green Zone Trucking, Inc. (illegally uninsured) and Pacgran, Inc. (insured), found by a prior WCJ to be joint employers with joint and several liability. Applicant settled with Pacgran for $50,000 by Compromise and Release, reserving his right to proceed against Green Zone, and later joined UEBTF as a derivative defendant for the uninsured Green Zone. The WCJ found injury AOE/COE and awarded benefits but held UEBTF had no liability and that liability ran 'only' against Green Zone, reasoning it was contrary to public policy to impose UEBTF liability where applicant had first settled with an insured, jointly liable employer. On reconsideration, the WCAB granted the petition, finding the WCJ lacked a factual basis to foreclose UEBTF liability because Pacgran was released before any finding it was applicant's employer, and the prior employment findings referred solely to Green Zone. The Board rescinded the F&A and substituted findings omitting the determinations that UEBTF has no liability and that liability is found 'only' as to Green Zone Trucking.