Nations Capital Group; State Compensation Insurance Fund Jessica Hawit WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJESSICA HAWIT, Applicant,vs.NATIONS CAPITAL GROUP; STATE COMPENSATION INSURANCE FUND, Defendant(s).Case No. ADJ4120960 (VNO 0510441)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the February 14, 2011 Order Approving Compromise and Release (OACR) issued by the workers’ compensation administrative law judge (WCJ) wherein the WCJ approved a $30,618.38 settlement of applicant’s claim of cumulative injury to his lungs, skin, neck, and eyes while employed from July 30, 2001 through October 12, 2004. In relevant part, the OACR indicates that “LIEN CLAIMS ARE TO BE ADJUSTED BY DEFENDANTS WITH JURISDICTION RESERVED BY THE BOARD, AND APPLICANT IS TO BE HELD HARMLESS: In accordance with paragraph #8 and/or any other provisions of the C & R.” (Emphasis in original.) Defendant contends that it is error for the OACR to contain language that applicant is to be held harmless when that language is not contained in the Compromise and Release to which defendant agreed. We did not receive any answer. However, the WCJ issued a Report and Recommendation on Petition for Reconsideration (Report) recommending that we deny reconsideration. Based upon our review of the record and for the reasons stated herein, we will grant reconsideration, amend the WCJ’s decision to strike the phrase “AND APPLICANT IS TO BE HELD HARMILESS,” and otherwise affirm the February 14, 2011 OACR. , Initially, we must address the WCJ assertion that defendant’s Petition for Reconsideration should be dismissed as untimely. To be timely, a petition for reconsideration must be filed and received by the Appeals Board within twenty days of the date the final order in question issued, plus an additional five days if service of the decision is made by mail upon a California add
