Luis Cruz — ADJ13968756

Applicant Luis Cruz claimed injury to his neck, low back, right shoulder, right hand, and left knee while working as a construction laborer on December 1, 2020, performing stucco removal at a residence on Snowfield Street. The homeowners hired Liebo Builders, which subcontracted most of the work, including stucco removal, to The Hoplon Group, LLC. The matter proceeded to trial on the sole issue of employment, and the WCJ found that applicant was employed by Hoplon but made no finding as to whether Liebo also employed applicant. Hoplon sought reconsideration, contending the finding lacked substantial evidence and that the WCJ failed to make a finding regarding Liebo. The Board granted reconsideration, affirmed the finding that Hoplon was applicant's employer, deferred the issue of Liebo's employment status, and returned the matter to the WCJ to determine whether Liebo was also an employer applying Labor Code section 2775 (the ABC test).