Dion Barrera — ADJ10293027

Applicant Dion Barrera, a journeyman carpenter, sustained head, neck, back, and shoulder injuries on October 9, 2015 when a bridge he was helping lower on the 91 freeway collapsed. After a civil third-party recovery, defendant sought and obtained a third-party credit of $1,565,231.70, and the WCJ found the employer was not negligent, granting defendant full credit. Both applicant and lien claimant Casa Colina Hospital petitioned for reconsideration, arguing employer negligence was established or at least raised, and that Cal/OSHA records were improperly excluded. The Board granted reconsideration, finding the December 2024 credit order was unenforceable because it was improperly served (not served by the WCAB as required for null-and-void clause orders), that the Cal/OSHA records should have been admitted, and that the WCJ failed to develop the record on the negligence issue. The F&O was rescinded and the matter returned for further proceedings, subject to defendant's due process right to receive the records and conduct discovery.