Mendez, Sacarias, et al.

Five construction workers filed cumulative trauma (and one specific injury) claims against Better Living So Cal Group Corp., insured by Mid-Century/Farmers, alleging orthopedic injuries while working under uninsured contractor Carlos Caudillo. The cases were consolidated on the issue of employment, but the homeowner and uninsured contractor were never joined despite repeated WCJ orders, with applicant's counsel claiming inability to locate them. After a year of inactivity, defense obtained dismissal of all five cases on August 3, 2023. The WCAB granted reconsideration, rescinded the dismissals, and returned the matters to the trial level, finding there was no adequate record to support review and that joinder is permissive (not the applicant's mandatory obligation), so the employment issue against the joined insured employer could proceed while other employment-related issues are deferred.