WCPanelIQ
PanelGranted

Mendez Castillo, Daniel

DANY aka DANIEL MENDEZ CASTILLO aka ARIZA, Applicant vs. EMPLOYERS PERSONNEL, LLC, professional employer organization for SIMPLIFY HR, INC.; STATE NATIONAL INSURANCE COMPANY, INC., administered by Cannon Cochran Management Services, Inc.; BETTER NUTRITIONALS, LLC; TECHNOLOGY INSURANCE COMPANY, INC., administered by AmTrust North America, Inc., Defendants

ADJ number
ADJ17257403
Decision date
Aug 11, 2025
District office
Van Nuys
WCJ
—
Claim administrator
Cannon Cochran Management Services, Inc. (CCMSI) for State National Insurance Company; AmTrust North America, Inc. for Technology Insurance Company
Commissioners
JOSEPH V. CAPURRO, COMMISSIONER, LISA A. SUSSMAN, DEPUTY COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER

Injury / body parts: right eye

LC §5313LC §5803LC §5900LC §5903LC §5906LC §5909LC §5952CCR §10382CCR §10628CCR §10955

Summary

Applicant Daniel Mendez Castillo claimed an industrial injury to his right eye on September 23, 2022, while employed as a sanitation worker for Better Nutritionals, LLC. After State National Insurance Company (insurer for the alleged general/PEO employer) was previously dismissed without prejudice on March 13, 2024 pursuant to stipulation, Technology Insurance Company (AmTrust) petitioned to rejoin State National based on newly discovered evidence of a certificate of liability insurance. The WCJ issued an Order of Joinder on May 21, 2025, and State National sought reconsideration/removal arguing collateral estoppel/res judicata. The Board granted reconsideration, finding the joinder void ab initio due to defective service and an inadequate record, and that the dismissal stipulation was 'without prejudice' rather than with prejudice. The Board rescinded both the May 21, 2025 Order of Joinder and the March 13, 2024 Order of Dismissal, and returned the matter to the trial level to develop an adequate record.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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