Aviles, Christina

Applicant Christina Aviles alleged a cumulative trauma injury (neck, shoulders, scalp, psyche) during employment as an Operations Manager, with Samuel Hale, LLC as general employer (a PEO) and DiBara Masonry, LLC as special employer. The WCJ dismissed the case without prejudice, finding a valid collective bargaining agreement with UFCW containing a valid Labor Code section 3201.7 ADR agreement, depriving the WCAB of jurisdiction, and invalidated applicant's section 5500.5 election as untimely. On reconsideration, the Board found the record was incomplete because numerous exhibits had been marked for identification only and contested, but the WCJ never ruled on the objections or clearly admitted the evidence. The Board also identified an error in Finding of Fact 2 (omitting Arch Insurance) and the failure to address applicant's notice to produce. The Board granted reconsideration, rescinded the F&O, and returned the matter to the WCJ to rule on evidentiary objections and address the notice to produce issue.