BRATIFF HOME CORP. dba METRO DINER and SCOTT BROFFMAN as substantial shareholder; UNINSURED EMPLOYERS BENEFIT TRUST FUND, JOSE LUIS LARA, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOSE LUIS LARA, Applicant,vs.BRATIFF HOME CORP. dba METRO DINER and SCOTT BROFFMAN as substantial shareholder; UNINSURED EMPLOYERS BENEFIT TRUST FUND, Defendant,Case No. ADJ3512142 (MON 0288509)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION In a petition filed on November 12, 2008, defendant Bratiff Home Corp. doing business as Metro Diner and Scott Broffman its substantial shareholder in pro per (jointly called Metro) seeks reconsideration of the December 14, 2006 Findings and Order of the workers’ compensation administrative law judge (WCJ) who found that applicant was an employee of Metro on March 11, 2000, when he fell from a roof and sustained industrial injury to his back, right major shoulder, hand, thumb, neck and head while working as a gardener.Metro contends that the evidence does not support a finding that applicant was its employee on the date of injury. With regard to the timeliness of the petition for reconsideration, Mr. Broffman avers in an accompanying declaration under penalty of perjury that he was not served with the WCJ’s decision when it issued in December 2006, that he first learned of it during a telephone call with an employee of the office of the Administrative Director on October 27, 2008, and that he first received it when a copy was faxed to him by that employee on October 28, 2008.We allow Metro’s petition in the interest of due process because it was timely filed following Mr. Broffman’s receipt of actual notice of the WCJ’s ruling. The petition is granted and , the December 14, 2008 finding that applicant was Metro’s employee on the date of injury is rescinded and reversed. The record does not support the finding that applicant was an employee of Metro on the date of injury under the standa
