Gilberto Vergara — ADJ8023051

Applicant Gilberto Vergara was injured on May 11, 2011 while working on a roof. He filed claims against Bradley J. Bovee (the alleged employer who hired him) and against Tracy McCandless (the homeowner, joined as a potential employer). In 2015, applicant entered into a Compromise and Release (C&R) with McCandless only; Bovee was not a party. Bovee argued applicant's claim against him was barred by res judicata (claim/issue preclusion) based on the C&R, asserting he was in privity with McCandless. The WCJ found no privity and no bar, and the Board affirmed after reconsideration, holding that joint and several liability among multiple employers does not create privity, the C&R was not a final adjudication of any actually-litigated issue against Bovee, and Castillo was legally and factually inapposite.