Hector Garcia — ADJ10659667

Hector Garcia, a truck driver, was injured on August 6, 2016 in a hit-and-run motor vehicle accident while parking a truck in a yard. The WCJ found that Garcia was employed by Francisco M. Lua dba Francisco M. Lua Trucking, an uninsured employer, and rejected defendant Lua's contention that Roadrunner Trucking, LLC (insured by Security National Insurance) was applicant's actual or special employer. The Appeals Board granted Lua's Petition for Reconsideration, affirmed the finding that Lua was applicant's employer, and amended the F&O to fix the date of injury as August 6, 2016. However, the Board disagreed with the WCJ's reliance on the fact that applicant never met the Zimmermans (Roadrunner's owners), holding that the proper analysis turns on the right to control rather than actual control. The Board deferred the issue of whether Roadrunner was an additional employer and returned the matter to the WCJ to further develop the record.