Mulgado, Benjamin

Applicant Benjamin Mulgado, a tractor-mechanic injured on July 15, 2021 while employed by Samuel Hale, sought reconsideration of a WCJ's Findings of Fact and Order holding that the WCAB lacked jurisdiction to address the validity of the AD's May 19, 2016 approval of Samuel Hale's section 3201.7 ADR carve-out agreement, and that jurisdiction over his claim was with the Sam Hale carve-out ADR process. Applicant argued his signatures were forged on union documents, that the carve-out lacked a 'clear and unmistakable waiver' under Wright v. Universal Maritime Service Corp., and that his due process rights were violated. The Board agreed the WCAB has jurisdiction to determine its own jurisdiction but held the WCJ correctly declined to adjudicate the forgery and waiver contentions, finding allegations of forged signatures and unfair labor practices are not within WCAB jurisdiction and that the Wright waiver issue was never raised at trial. Relying on Sanchez, Becerra, and Kaiser, the Board emphasized that jurisdiction over carve-out approval rests with the Administrative Director, not the WCAB, and that applicant's due process is protected through the ADR process plus the right to reconsideration of any final arbitrator's decision. The Board denied reconsideration.