Enrique Castillo — ADJ11714452

Applicant Enrique Castillo was hired by Baron HR (a staffing agency) and sent to work at Source Logistics operating a forklift, when he sustained an injury and was fired by Baron upon reporting it. The WCJ found that Baron was the general employer and Source was the special employer, creating a joint employment relationship under which both were liable, and that the record required further development to determine insurance liability between Baron, Trion Solutions, and Source. Source petitioned for reconsideration, arguing the WCJ lacked authority to determine employment, exceeded its authority by finding Source a special employer, and improperly invalidated its contract with Baron. The WCAB denied reconsideration, adopting the WCJ's report, holding that the WCJ had full jurisdiction to adjudicate employment under Labor Code section 133 and WCAB Rule 10330, that a contract does not control the true employment relationship, and that substantial evidence supported the finding that both employers had the right to control applicant and benefited from the arrangement.