DANIELLE CHOTT vs. THE GAP, INC.; SAFETY NATIONAL CASUALTY

is a case in which the Workers' Compensation Appeals Board denied the defendant's petition for reconsideration of an earlier decision that granted the applicant's petition for reconsideration and rescinded the compromise and release agreement. The defendant had stipulated that the applicant had sustained an industrial injury to her psyche while employed by the defendant, and the Appeals Board found that the defendant had waived its right to challenge the stipulation by not raising the issue in a timely manner.

THE GAP, INC.; SAFETY NATIONAL CASUALTY DANIELLE CHOTT WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADANIELLE CHOTT, Applicant,vs.THE GAP, INC.; SAFETY NATIONAL CASUALTY, Defendants.Case No. ADJ9041986(San Francisco District Office)OPINION AND ORDER DENYING DEFENDANT’S PETITION FOR RECONSIDERATION            Defendant seeks reconsideration of our earlier May 23, 2014 Opinion And Orders Granting Applicant’s Petition For Reconsideration, Dismissing Defendant’s Petition For Reconsideration, And Decision After Reconsideration (Decision) wherein we dismissed defendant’s petition for reconsideration, but granted applicant’s petition for reconsideration of the February 25, 2014 Findings & Order of the workers’ compensation administrative law judge (WCJ), who set aside the compromise and release agreement she earlier approved on August 8, 2013 based in substantial part upon her finding that applicant’s offer to settle “was rescinded by the injured worker prior to the claim specialist signing” it.            As shown in the February 24, 2014 Minutes of Hearing, it is stipulated that applicant sustained cumulative industrial injury to her psyche while employed by defendant as an inventory analyst through the period ending September 21, 2011. The compromise and release agreement provided for settlement of applicant’s claim by way of a lump sum payment of $5,000.            In our Decision we concluded that the WCJ correctly decided to rescind the compromise and release, but did not act within the 15 day time period allowed by Appeals Board Rule or Practice and Procedure, Rule 10859. (Cal. Code Regs., tit. 8, § 10859.) For that reason, we rescinded the WCJ’s February 25, 2014 decision as part of our Decision After Reconsideration but reiterated the WCJ’s findings as the basis for entering a new order rescinding the compromise and release. ,             Defendant contends that it was error to find in our Decision that applicant incurred industrial injury to her psych

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