Home/Case Law/JAVIER HERNANDEZ (FLORES) vs. LOS ANGELES DRUM & BARRELL, INC., LAWRENCE BRADLEY KAPLAN, SUBSTANTIAL SHAREHOLDER, UNINSURED EMPLOYERS BENEFIT TRUST FUND
Regular DecisionReconsideration

JAVIER HERNANDEZ (FLORES) vs. LOS ANGELES DRUM & BARRELL, INC., LAWRENCE BRADLEY KAPLAN, SUBSTANTIAL SHAREHOLDER, UNINSURED EMPLOYERS BENEFIT TRUST FUND

Filed: Apr 22, 2010
San Francisco
ADJ1439784 (LBO 0356898)

CompFox AI Summary

This case involves a workers' compensation claim for a truck driver injured on March 14, 2003, resulting in a 47% permanent disability award. The employer, Los Angeles Drum & Barrell, Inc., an uninsured entity, sought reconsideration, arguing improper joinder due to lack of service. The applicant also sought reconsideration to clarify that the employer should only receive credit for permanent disability advances, not "other benefits." The Board dismissed the employer's petition for failure to serve the applicant and granted the applicant's petition to amend the award. The final order clarifies that the employer is entitled to credit only for specified permanent disability advances.

Full Decision Text1 Pages

This case involves a workers' compensation claim for a truck driver injured on March 14, 2003, resulting in a 47% permanent disability award. The employer, Los Angeles Drum & Barrell, Inc., an uninsured entity, sought reconsideration, arguing improper joinder due to lack of service. The applicant also sought reconsideration to clarify that the employer should only receive credit for permanent disability advances, not "other benefits." The Board dismissed the employer's petition for failure to serve the applicant and granted the applicant's petition to amend the award. The final order clarifies that the employer is entitled to credit only for specified permanent disability advances.

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JAVIER HERNANDEZ (FLORES) vs. LOS ANGELES DRUM & BARRELL, INC., LAWRENCE BRADLEY KAPLAN, SUBSTANTIAL SHAREHOLDER, UNINSURED EMPLOYERS BENEFIT TRUST FUND (2010) – San Francisco | CompFox