North Coast Opportunities, insured by Us Fire Insurance Comp Any, administered by Crum & Forster, also insured by State Compensation Insurance Fund, Cindy Machado, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACINDY MACHADO,Applicant,vs.NORTH COAST OPPORTUNITIES, insured by US FIRE INSURANCE COMPANY, administered by CRUM & FORSTER, also insured by STATE COMPENSATION INSURANCE FUND, Defendants.Case Nos. ADJ7318122ADJ9627723(Santa Rosa District Office)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION We have considered the allegations of the Petition for Reconsideration and the contents of the report of workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and for the reasons stated in the WCJ’s report, which we adopt and incorporate, and the reasons stated below, we will deny reconsideration. Applicant contends that her claim of psychiatric injury is presumptively compensable pursuant to Labor Code[sub]1[/sub] section 5402. However, the issue of the applicability of the section 5402 presumption was not raised at trial and was, therefore, waived. (Lab. Code, § 5502(d)(3); see also Gould v. Workers’ Comp. Appeals Bd. (1992) 4 Cal.App.4th 1059 [57 Cal.Comp.Cases 157]; Griffith v. Workers’ Comp. Appeals Bd. (1989) 209 Cal.App.3d 1260 [54 Cal.Comp.Cases 145].) Numerous cases have held that an applicant waives the presumption of compensability by failing to timely raise the issue. (See Puc-Perez v. Workers’ Comp. Appeals Bd. (1999) 64 Cal.Comp.Cases 595 (writ den.); Jobity v. Workers’ Comp. Appeals Bd. (1997) 62 Cal.Comp.Cases 978 (writ den.); Rose v. Workers’ Comp. Appeals Bd. (2002) 67 Cal.Comp.Cases 1267 (writ den.); York v. Workers’ Comp. Appeals Bd. (2001) 66 Cal.Comp.Cases 686 (writ den.); Oliva v. Workers’ Comp. Appeals Bd. (1998) 63 Cal.Comp.Cases 504 (writ den.); McGuire v. , Workers’ Comp. Appeals Bd. (1998) 63 Cal.Comp.Cases 243 (writ den.); Givens v. Workers’ Comp. Ap
