Garcia Galdames, Melvin

Lien claimants Mesa Pharmacy sought reconsideration of a WCJ's finding that John Garbino, who pleaded guilty to federal healthcare fraud, exercised de facto control of Mesa under Labor Code section 139.21(a)(3), subjecting Mesa's liens to the section 4615 stay. The WCAB affirmed the WCJ's findings but granted reconsideration for the limited purpose of taking judicial notice of Arizona Board of Pharmacy records (Exhibit O) under Evidence Code section 452(c). The Board adopted the WCJ's Report, which found Mesa failed to observe corporate formalities, witnesses gave contradictory and incredible testimony, and Mesa was the alter ego of Praxsyn Corporation, on whose board Garbino sat as a director. The Board amended the findings to add that Garbino was an 'officer or director' of Praxsyn and therefore controlled Mesa under section 139.21(a)(3) as an officer or director, given that Mesa and Praxsyn were one and the same entity. The petition was granted but the substantive findings against Mesa were affirmed.