Los Angeles Drum & Barrell, Inc.; Lawrence Bradley Kaplan, Substantial Shareholder; Uninsured Employers Benefit Trust Fund Javier Hernandez (Flores) WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJAVIER HERNANDEZ (FLORES), Applicant,vs.LOS ANGELES DRUM & BARRELL, INC.; LAWRENCE BRADLEY KAPLAN,SUBSTANTIAL SHAREHOLDER; UNINSURED EMPLOYERS BENEFITTRUST FUND, Defendant(s).Case No. ADJ1439784 (LBO 0356898)OPINION AND ORDERS DISMISSING DEFENDANT’S PETITION FOR RECONSIDERATION,GRANTING APPLICANT’S PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Applicant and defendant each seek reconsideration of the February 4, 2010 Amended Supplemental Findings and Award and Order wherein the workers’ compensation administrative law judge (WCJ) found that the applicant, while employed on March 14, 2003 as a truck driver by Los Angeles Drum & Barrell, willfully uninsured, sustained an injury to his right shoulder and neck that caused 47% permanent disability. The WCJ allowed defendant a credit for a temporary disability overpayment of $6,372.56, a permanent disability advance of $5,000 and “other benefits previously paid.” Defendant, Los Angeles Drum & Barrell, contends that the WCJ erred in issuing the Findings and Award and Order, arguing that the joinder of the employer was improper because the employer was not served with a special notice of lawsuit. Applicant contends that the WCJ erred in allowing a credit for “other benefits previously paid,” arguing that the WCJ should have specified that defendant is only entitled to a credit for permanent disability advances. We have considered the petition for reconsideration, and we have reviewed the record in this matter. We have received an answer from defendant, the Uninsured Employers Benefit Trust , Fund (UEBTF). The WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report), recommending that defendant’s petition be denied and that applicant’s p
