Barbara Harris vs. The Gap, Inc.; Spherion And Esis West Claims

In this case, the Workers' Compensation Appeals Board granted reconsideration of the March 26, 2019 Findings, Award and Order issued by the workers’ compensation arbitrator. The arbitrator found that the applicant sustained a cumulative injury from August 2, 2005 through August 2, 2006 and did not sustain a specific injury. The arbitrator also found that the amount paid pursuant to a settlement between applicant and The Gap was not unreasonable. The arbitrator found that Gap is entitled to reimbursement of 354.75/1432 of the settlement and future benefits. The arbitrator found that Gap is entitled to reimbursement of 354.75/1432 of 534/751.25 of temporary disability paid. The Appeals Board granted reconsideration and amended Findings of

The Gap, Inc.; Spherion and Esis West Claims Barbara Harris WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIABARBARA HARRIS, Applicant,vs.THE GAP,INC.; SPHERION and ESIS WBST CLAIMS, Defendants,Case No. ADJ6655819OPINION AND DECISION AFTER RECONSIDERATION            We granted reconsideration of the March 26, 2019 Findings, Award and Order to provide a sufficient opportunity to further study the factual and legal issues in this case and to enable us to issue a just and reasoned decision. This is our Decision After Reconsideration.            Defendants Gap, Inc. (Gap) and Sphcrion seek reconsideration of the March 26, 2019 Findings, Award and Order issued by the workers’ compensation arbitrator (arbitrator). The arbitrator found that applicant sustained a cumulative injury from August 2, 2005 through August 2, 2006 and did not sustain a specific injury. The arbitrator also found that the amount paid pursuant to a settlement between applicant and The Gap was not unreasonable. The arbitrator found that Gap is entitled to reimbursement of 354.75/1432 of the settlement and future benefits. The arbitrator found that Gap is entitled to reimbursement of 354.75/1432 of 534/751.25 of temporary disability paid. The arbitrator deferred the issue of contribution for a portion of the Medicare Set-Aside Agreement and non-indemnity expenses pending further development of the record.            Gap contends it is significantly prejudiced by the arbitrator’s deferral of portions of its contribution claim and reopening of discovery on those issues. Gap also contends that the arbitrator’s Statement of Reasons for Determination (Statement) used a different denominator for the reimbursement ratio than the denominator used in the Award. Gap also contends that applicant sustained a specific injury. Finally, Gap contends that the arbitrator erred by reducing reimbursement of temporary disability , by 534.79/751.25 before applying the general reimbursement ratio, arguing that ther

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