Jorge Guzman, Jr. — ADJ9746420

Applicant Jorge Guzman, Jr. claimed a specific injury on January 11, 2014 while working as a cashier and food driver for several alleged uninsured employers. He simultaneously pursued a civil action (LASC BC562564) under Labor Code sections 3706 and 3715, which was bifurcated, with phase I addressing employment. A civil jury found applicant was employed by Edward Younan and Avalon Foods, Inc., but the WCJ in the workers' compensation case subsequently found applicant was employed by Philma Alvarez and not by Younan or Avalon Foods, creating directly contradictory findings. The Board granted reconsideration, holding that although the non-final jury verdict could not support issue preclusion, the Los Angeles Superior Court assumed jurisdiction first and retains jurisdiction over the concurrent employment issue. The Board rescinded the F&A in its entirety and deferred WCAB proceedings on employment pending final judgment in phase I of the civil case.