WCPanelIQ
PanelGranted

Gonzalez Mendoza, Luciano

LUCIANO GONZALEZ MENDOZA, Applicant vs. CARROL AND STRONG BUILDERS; PEDRO PILLAR LOPEZ, individual, dba P.L. CONSTRUCTION/LOPEZ P. CONSTUCTION; SOUTHEAST PESONNEL LEASING COMPANY; STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number
ADJ12768897
Decision date
Jun 15, 2025
District office
Salinas
WCJ
George Mason (Arbitrator)
Claim administrator
State Compensation Insurance Fund; State National Insurance Co.
Commissioners
JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, PAUL F. KELLY, COMMISSIONER
LC §5909LC §5900LC §5272LC §5952LC §5950LC §5950 et seq.CCR §10995CCR §10605CCR §10914CCR §10990CCR §10205.12

Summary

Defendant PL Construction/Pedro Lopez sought reconsideration of a March 24, 2025 arbitrator's Findings and Order holding that Lopez/PL Construction were uninsured for workers' compensation at the time of applicant Luciano Gonzalez Mendoza's August 6, 2019 injury, because the injury did not fall within a contract that would trigger coverage under the South East Personnel Leasing/State National Insurance policy. The arbitrator had dismissed Real Ventures LTD, South East Personnel Leasing, and State National Insurance Co. as party defendants. The Appeals Board could not conduct meaningful review because the arbitration record was incomplete, lacking copies of all exhibits, Part III of the arbitration transcript, and a clear determination regarding a 'lost witness' issue. Citing the requirement for an ascertainable and adequate record supported by substantial evidence, the Board granted the Petition for Reconsideration and issued a Notice of Intention to rescind the arbitrator's decision unless the complete record required by WCAB Rule 10995(c)(3) is filed in EAMS within 30 days (plus mailing time).

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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