Avila v. Los Taquitos Mexican Food II, LLC

JCC Weiss (Ft. Myers) (Jonathan Cooley) (11-16-22) – Denied compensability.  Claimant was hired to work on a taco food truck after replying to a help wanted ad posted by “Los Taquitos Mexican Food.” The Claimant was hired by a person named Santos and earned $10 per hour cash; her job duties included cutting meat and making tortillas. On the accident date, the Claimant fell off the truck and broke her hand. The employer Los Taquitos Mexican Food II, LLC was owned by Jorge Martinez and Aurybell Castillo. That business did not cut meat or make tortillas, but would sell food and supplies to Santos. The truck was owned by Mr. Martinez’s father. Santos rented the truck from Mr. Martinez. Claimant alleged Martinez and Castillo, who rented the truck to Santos and sold supplies to Santos, were the employers and responsible for providing compensability. JCC disagreed and found Claimant was hired by Santos to work for Santos’s business. Claimant failed to meet her burden in proving Los Taquitos Mexican Food, II, LLC was her employer.  Click here to view Order