John Childers, Dda, Inc.; insured by Arrowood Indemnity Company, Tracy Corey, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIATRACY COREY,Applicant,vs.JOHN CHILDERS, DDA, INC.; insured by ARROWOOD INDEMNITY COMPANY,Defendants.Case No. ADJ2356929 (SAC 0302957)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND NOTICE OF INTENTION TO AUGMENT RECORD Applicant, in pro per, seeks reconsideration of the July 27, 2017 Order Approving Compromise and Release (OACR) issued by the workers’ compensation administrative law judge (WCJ). Therein, the WCJ approved the parties’ $30,000.00 settlement of applicant’s claim. In her Petition for Reconsideration, applicant contends that she felt pressured to accept the settlement and does not want to settle her case. Defendant filed an Answer. The WCJ issued a Report and Recommendation on Petition for Reconsideration (Report) recommending that we dismiss reconsideration as untimely. Based on our review of the record and for the reasons. discussed below, we will grant reconsideration and issue a notice of intention (NIT) to augment the record regarding service of the July 27, 2017 OACR on applicant in order to determine whether the Petition for Reconsideration was timely filed. When the WCJ issued the OACR on July 27, 2017, he designated defense counsel A. McGraw to serve the order on all parties pursuant to Appeals Board Rule 10500. In defendant’s verified Answer, defense attorney Aleah McGraw asserts that all parties, including applicant, were served on July 29, 2017. However, no proof of service was attached to the answer. Applicant filed a Petition for Reconsideration on September 20, 2017, 55 days after the issuance of the OACR. Generally, there are 25 days allowed within which to file a petition for reconsideration , from a “final” decision that has been served by mail upon an address in California. (Lab. Code, §§ 5900(a), 5903; Cal. Code Regs., tit.
