Garcia, Jose

Applicant Jose Garcia sustained an industrial injury on September 16, 2018 while working for Bernabe Soto, an uninsured and unlicensed employer. The WCJ found Soto was applicant's employer but that Daniel Solis was not. Applicant sought reconsideration, contending Solis was a joint employer as the ultimate hirer who hired the unlicensed Soto. The Appeals Board granted reconsideration, noting that under Labor Code sections 2750.5, 3351, and 3357 and supporting case law, when an unlicensed contractor lacks workers' compensation coverage, the ultimate hirer who has coverage becomes liable as a statutory employer. The Board deferred a final decision pending further review of the merits and possible development of the record.