Francisco Camacho — ADJ8558686

Francisco Camacho fell from a ladder while painting a house at 1536 Figueroa Drive in Merced on October 23, 2011, and claimed injury to his wrist, arm, leg, and foot. The dispute centered on whether he was employed by Greg Opinski Construction, Inc. (GOC)—whose carrier was Everest National Insurance Co.—or by OP Development, Inc. (OPD), an uninsured company owned by Mr. Opinski. The WCJ found applicant was an employee of OPD, rejected the alter ego theory, and discounted Mr. Opinski's trial testimony as contradicted by his earlier deposition. The Board affirmed the F&O (correcting a clerical error in the stipulation regarding Everest coverage), holding that substantial evidence supported the finding that applicant worked exclusively on OPD-owned properties, that alter ego could not be used offensively by the principal to shift OPD's liability onto GOC's carrier, and that Labor Code section 2750.5 did not impose liability on GOC absent evidence it acted as general contractor on the project.