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ALICE HOWARD vs. CELITE CORPORATION; INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, Administered By CHARTIS INSURANCE

CELITE CORPORATION; INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, administered by CHARTIS INSURANCE ALICE HOWARD WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAALICE HOWARD, Applicant,vs.CELITE CORPORATION; INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA,administered by CHARTIS INSURANCE, Defendants.Case Nos. ADJ7170278ADJ7612162(Goleta District Office)OPINION AND DECISION AFTER RECONSIDERATION AND OPINION AND ORDERDISMISSING REMOVAL            On December 12, 2011, the Workers’ Compensation Appeals Board (Appeals Board) granted reconsideration of the September 22, 2011 Amended Joint Findings of Fact and Conclusions of Law to further study the factual and legal issues. This is our Decision After Reconsideration.1            In the September 22, 2011 Amended Joint Findings of Fact and Conclusions of Law, the workers’ compensation administrative law judge (WCJ) found that applicant sustained an industrial injury from May 18, 2000 through May 30, 2008, and that applicant’s claim for cumulative trauma injury is not time-barred.            Defendant contends, in essence, that the WCJ erred in finding that applicant sustained an industrial injury from May 18, 2000 through May 30, 2008, arguing that the WCJ’s finding is not supported by substantial evidence, and that applicant’s claim is barred by the statute of limitations. In the alternative, defendant seeks removal, arguing that it will be irreparably harmed by the WCJ’s finding of industrial injury.            We have considered the Petition for Reconsideration, and we have reviewed the record in this matter. We have received an Answer from applicant. The WCJ prepared a Report on Recommendation 1 This matter had to be assigned to a new Appeals Board panelist, since prior panelist Joseph Miller is no longer sitting as a Commissioner. , (Report), recommending that we deny reconsideration.            Because the September 22, 2011 Amended Joint Findings of Fact and Conclusions of Law is a final decision, we will d

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