Andy Roney Chavez — ADJ8698732

Applicant Andy Roney Chavez suffered a severe arm laceration on 10/18/12 while painting during a construction/renovation project, falling through a window and requiring emergency surgery. The original 2012 application named only the unlicensed contractor Gabriel Morales; not until 2/7/17 did applicant amend to name property owner Zee Shore II, LLC and commercial tenant S & P Soho Arts Group, LLC as 'ultimate hirer' employers. After a three-day trial, the WCJ found all three were employers but that the Labor Code section 5405 statute of limitations barred recovery against Zee Shore (no contemporaneous knowledge of injury) while tolling applied against S & P under Reynolds because S & P had contemporaneous knowledge and breached its duty to notify applicant of his rights. S & P petitioned for reconsideration challenging the knowledge finding, the Reynolds tolling, and arguing a 'relation back' theory. The WCAB adopted the WCJ's report and denied reconsideration.