WCPanelIQ
PanelGranted

Roman Hernandez Aguilar — ADJ11733861

DANIEL FLORES CAMPOS, Applicant vs. AMPCO CONTRACTING INC.; SAFEWAY, INC.; permissibly self-insured, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.; BARRETT BUSINESS SERVICES, INC.; FEDERICO VELARDE, JR., an individual DBA as FV SALVAGE; ACE AMERICAN INSURANCE COMPANY, administered by CORVEL ENTERPRISE COMP, INC.; STATE COMPENSATION INSURANCE FUND; CALVAR CONSTRUCTION, Defendants

ADJ number
ADJ11733861
Decision date
Jul 26, 2026
District office
Van Nuys
WCJ
—
Claim administrator
Sedgwick Claims Management Services, Inc.; CorVel Enterprise Comp, Inc.
Commissioners
ANNE SCHMITZ, DEPUTY COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, PAUL F. KELLY, COMMISSIONER

Injury / body parts: multiple/various injuries from fall through roof

LC §5909LC §5900LC §2750.5LC §3351LC §5705LC §3357LC §3300LC §3602LC §3700LC §3706LC §5907LC §5908LC §5908.5LC §5803LC §5901LC §5950CCR §10600

Summary

Two applicants, Daniel Flores Campos and Roman Hernandez Aguilar, were severely injured falling through a roof while performing demolition work at the Arden Way project on September 28, 2018. They had been hired by FV Salvage/Federico Velarde, an unlicensed subcontractor without workers' compensation insurance, retained by general contractor AMPCO Contracting. AMPCO was previously found to be the statutory employer under Labor Code section 2750.5, and the dispute centers on which entity/insurer must provide coverage, involving a PEO agreement between AMPCO and Barrett Business Services (BBSI) and an ACE American Insurance policy containing alternate employer and coverage-restriction endorsements. A WCA arbitrator issued a Findings and Order on April 10, 2026, from which AMPCO petitioned for reconsideration. The Appeals Board granted reconsideration, finding the WCA did not appear to follow the proper analysis on general/special employment and PEO coverage issues under section 3602(d), and deferred a final decision to allow further study and possible development of the record.

Issues

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Holding

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Analysis

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Defense takeaway

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