JAVIER OROZCO vs. NATIONAL STAFFING, LLC, COMMERCE AND INDUSTRY COMPANY, DERRELL'S MINI STORAGE, INC.
The Workers' Compensation Appeals Board granted reconsideration to amend a prior order, affirming the joinder of Derrell's Mini Storage and its insurer, Redwood Fire and Casualty, as defendants. The Board found a general/special employment relationship existed between the applicant's general employer (National Staffing) and Derrell's, the special employer. Despite arguments regarding sole liability of the general employer's insurer and laches, the Board held that joinder was appropriate to fully adjudicate the case and address contribution claims. The specific issue of contribution/reimbursement between carriers was deferred for further proceedings.