Alex Robles — ADJ8075448

Alex Robles, a residential energy technician for Southern California Gas Company (SCGC) who also served as a union regional officer, was injured in a motor-vehicle accident on October 17, 2011 while traveling with the union's secretary-treasurer to a union study day during contract negotiations. The WCJ found SCGC was the employer and that the union (insured by SCIF) was not, holding SCGC solely responsible for benefits. SCGC sought reconsideration arguing the union was applicant's employer (or deemed so under a Letter Agreement), that dual employment may exist, and that its own liability was not properly before the WCJ. The Appeals Board, having previously affirmed that SCGC was the employer (a finding that became final), held that applicant was simultaneously employed by both SCGC and the union under the dual employment doctrine. The Board rescinded the F&A and substituted findings that both SCGC and the union are jointly and severally liable for applicant's workers' compensation benefits.