Jimenez, Serafin

Serafin Jimenez sustained an admitted injury (fall from a ladder) while placing a tarp over a leaky roof at Stor-Mor, a self-storage facility owned by the Nowakowski Family Trust and controlled by James Nowakowski, who also owned LN Costume Supply Inc. (applicant's general employer). After the claim was resolved by Compromise and Release funded by LN's carrier (Illinois Midwest/Star Insurance) which reserved rights to seek contribution/reimbursement against Stor-Mor, the WCJ found dual employment and that applicant was a presumed employee of Stor-Mor under Labor Code section 3357. Stor-Mor petitioned for reconsideration challenging the dual employment finding. The Appeals Board adopted and incorporated the WCJ's Report and denied reconsideration, finding the stipulated facts supported dual employment and the section 3357 presumption, and noting that Stor-Mor's insured status had not yet been adjudicated since no finding addressed it directly.