Rubalcava, Jose

Applicant Jose Rubalcava claimed a June 8, 2018 back injury while working as a laborer, naming multiple potential employers including Domingo Rubalcava (illegally uninsured), the Beccarias, Drexel Construction, Homemade Custom Builders (HC Builders), and Agam Pool & Spa. The WCJ found applicant was solely the employee of Domingo Rubalcava and not of any other named defendant. UEBTF sought reconsideration, arguing applicant was an employee of HC Builders as a matter of law and that D. Rubalcava, HC Builders, and Drexel were jointly and severally liable. The Board granted reconsideration and rescinded the Amended Findings of Fact, finding that defendant D. Rubalcava—the worker's adjudicated sole employer—was apparently never properly served with the amended application, hearing notices, or the findings, violating statutory notice requirements and due process. The matter was returned to the trial level for further proceedings, with guidance to analyze the various employment relationships, including statutory employer and 'ultimate hirer' principles under Labor Code section 2750.5.