Daniel Flores Campos Roman Hernandez Aguilar — ADJ11934915, ADJ11733861

Two day laborers, Daniel Flores Campos and Roman Hernandez Aguilar, were severely injured on September 28, 2018 when a roof beam broke and they fell approximately 30 feet at the Arden Way demolition project. AMPCO was the licensed general contractor who hired FV Salvage (Frederico Velarde), an unlicensed and uninsured subcontractor, to perform the demolition work. The WCJ found AMPCO to be the statutory employer under Labor Code section 2750.5 because a licensed contractor who hires an unlicensed subcontractor for work requiring a license becomes the statutory employer of the subcontractor's workers. AMPCO sought reconsideration arguing the WCJ improperly tried coverage, failed to draw adverse inferences against CalMar and SCIF for subpoena noncompliance, failed to weigh evidence of a nexus between CalMar and FV Salvage, and failed to make a distinct finding of employment. The Board adopted and incorporated the WCJ's Joint Opinion on Decision and Report and Recommendation and affirmed the Joint Finding of Fact.