Jacoby Landscape Management; Everest National Insurance Company; California Insurance Guarantee Association, On Behalf Of Fremont Compensation, In Liquidation Antonio Cerda WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAANTONIO CERDA, Applicant,vs.JACOBY LANDSCAPE MANAGEMENT; EVEREST NATIONAL INSURANCE COMPANY; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, on behalf of FREMONT COMPENSATION, in liquidation, Defendant.Case Nos. ADJ4695782; ADJ1423613OPINION AND ORDER DENYING RECONSIDERATION Defendant, California Insurance Guarantee Association (CIGA), seeks reconsideration of the May 12, 2010 Joint Findings and Award of the workers’ compensation judge (WCJ) who found, in pertinent part, that CIGA is bound by the March 23, 2004 stipulation it made with defendant Everest National Insurance Company (Everest) wherein it agreed to reimburse Everest 50% of medical-legal and 60% of treatment costs incurred in these cases, and notwithstanding language included in the subsequent July 30, 2008 compromise and release agreement wherein applicant settled the claims of specific industrial injury to various body parts on November 1, 1999, and of industrial injury to those body parts during the cumulative trauma period through February 8, 2002, for a lump sum payment of S 140,000. CIGA contends that language included in the July 30, 2008 compromise and release superseded its earlier March 23, 2004 agreement with Everest, and that the WCJ should have found that the 2008 language relieved it of all liability for medical-legal and treatment costs incurred by Everest. , An answer was received from Everest and the WCJ provided a Report and Recommendation on Petition for Reconsideration (Report) recommending that CIGA’s petition for reconsideration be denied. For the reasons given by the WCJ in his Report, which is incorporated by this reference, and for the reasons below, we deny reconsideration. The July 30, 2008 j compromise and release with app
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