FRANCISCO ESTACUY (deceased), LORENA NAVA ESTACUY, dependent spouse, individually and as a guardian ad litem and trustee for minor child, LARA YAMELL HERNANDEZ and GISELLE RAMIREZ NAVA, adult child, Applicant vs. NELSON N. SOSA, an individual, LIVIER GOMEZ, an individual, both dba SOSA SISTER’S DESIGNS, et al., uninsured; R. JACK BALTHAZAR, insured by EMPLOYERS ASSURANCE, Defendants
ADJ number
ADJ11160552
Decision date
Jul 30, 2026
District office
Los Angeles
WCJ
Daniel Dobrin
Claim administrator
Employers Compensation Insurance Company (Employers Assurance)
Commissioners
—
Injury / body parts: death, fatal injury (motor vehicle accident)
This is a fatal workers' compensation claim arising from an October 25, 2017 truck accident that killed Francisco Estacuy while he was driving an Isuzu cargo truck owned by R. Jack Balthazar, Inc. from Southern to Northern California. After multiple trials, WCJ Dobrin found the decedent was jointly and severally employed by Nelson Sosa and Livier Gomez (dba Sosa Sister's Designs, both uninsured) and by R. Jack Balthazar, Inc. (insured by Employers Assurance/Employers Compensation Insurance). Balthazar's insurer petitioned for reconsideration, raising due process arguments regarding admission of deposition testimony and challenging the joint/special employment finding. The Appeals Board denied reconsideration, adopting the PWCJ's Report, holding that defendant waived its evidentiary objection and that substantial evidence supported the joint employment findings under Borello and the special employment doctrine.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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