Ortega Gonzalez, Jesus

Applicant Jesus Ortega Gonzalez, a truck driver, suffered a lumbar spine injury in a slip and fall on 9/2/2018 while working for Major Transportation Services. The dispute centered on whether Peoplease, a Professional Employer Organization (PEO), co-employed applicant on the date of injury, which would obligate it to provide workers' compensation coverage. Peoplease argued it was not a co-employer because Major Transportation did not run payroll through it for the date of injury. The WCJ found, and the WCAB affirmed, that Peoplease co-employed applicant because the parties routinely deviated from the contract's strict terms, payroll covering the date of injury was submitted late as part of the following pay period, Peoplease benefited from fees, and applicant's co-employment status was never terminated until three months after the injury. The Board denied reconsideration, adopting the WCJ's report.