Noe Sebastian — ADJ9957619

Applicant Noe Sebastian sustained an admitted industrial injury on April 29, 2015 while generally employed by Aldelano Contract Staffing Services and specially employed by Recall Total/Iron Mountain. He timely filed a serious and willful misconduct petition under Labor Code section 4553 on July 28, 2015, but named only general employer Aldelano, not special employer Recall Total, which was merely served. In November 2019, more than four years after injury, applicant amended the petition to name Recall Total for the first time. The WCJ found no serious and willful misconduct by Aldelano (which stipulated it lacked knowledge of the dangerous condition) and found the claim against Recall Total barred by section 5407's one-year limitations period. The WCAB affirmed, relying on McGee Street Productions, holding that adding a new party defendant to a serious and willful claim beyond one year is barred absent 'true ignorance' of the employer's identity, and that joint and several liability does not extend to quasi-criminal serious and willful misconduct claims.