Juan Alonso — ADJ13021527

Juan Alonso, a solar installer, claimed injury to his thoracic and lumbar spine after falling from a ladder on January 15, 2020, while doing electrical work at a Phelan job site. The WCJ found that Pablo Perez was Alonso's general employer and Anca Solar, Inc. was the special employer, making both jointly and severally liable. Defendant petitioned for reconsideration, arguing the WCJ erred in admitting the deposition transcript of Pablo Perez without his presence at trial, claiming it was inadmissible hearsay and that applicant failed to establish Perez's unavailability under CCP section 2025.620(c). The WCAB denied reconsideration, holding that the WCAB is not bound by common law or statutory rules of evidence under Labor Code sections 5708 and 5709, may receive hearsay, and that defendant itself had set the deposition, had an opportunity to cross-examine, and listed it as an exhibit on the pre-trial conference statement.