What the panel ordered
The WCAB granted the Petition for Reconsideration, rescinded the July 11, 2025 decision, and returned the matter to the WCJ for further proceedings consistent with the opinion.
Applicant sought reconsideration of the Findings of Fact and Orders issued July 11, 2025, which dismissed the case without prejudice and invalidated applicant's election under Labor Code 5500.5. The WCAB granted reconsideration, rescinded the decision, and returned the matter to the trial level for further proceedings.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The WCJ found a valid collective bargaining agreement and ADR agreement, leading to dismissal for lack of jurisdiction, but the WCAB found the record incomplete and remanded for further proceedings.
From the decision · page 1Applicant seeks reconsideration of the Findings of Fact and Orders (F&O) issued July 11, 2025. The workers' compensation administrative law judge (WCJ) found, in relevant part, that applicant was employed by Samuel Hale, LLC (Hale) as the general employer and DiBara Masonry (DiBara) as the special employer, that applicant's employment with Hale was subject to a valid collective bargaining agreement with the UFCW, that there was a valid alternative dispute resolution agreement, and that the WCAB does not have jurisdiction. The WCJ ordered the case dismissed without prejudice, invalidated applicant's election under Labor Code 5500.5,1 and ordered the case off calendar.