WAL-MART ASSOCIATES, INC., Insured by AMERICAN HOME ASSURANCE, Adjusted 1 by AVIZENT, CYNTHIA KRAUSE, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACYNTHIA KRAUSE, Applicant,vs.WAL-MART ASSOCIATES, INC., Insured byAMERICAN HOME ASSURANCE, Adjusted AVIZENT, Defendants.Case No. ADJ6445314OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTERRECONSIDERATION By petition filed February 2, 2009, applicant, Cynthia Krause, seeks reconsideration from Findings and Order, issued January 15, 2009, in which a workers’ compensation administrative law judge (WCJ) found, based upon a stipulated offer of proof that applicant “has not performed any on-site work for pay for Wal-Mart since August of 2001,” that applicant was not employed by Wal-Mart during the period of applicant’s alleged cumulative trauma injury to her right eye, the period ending September 27, 2007, and issued a take nothing order. Applicant contends the WCJ erred in finding against her claim for cumulative trauma to her right eye, arguing that her claim is a compensable consequence of her specific injury of July 12, 2000, is not barred by the statute of limitations because it did not arise until September of 2007, and applicant was not required to file a petition to reopen in her specific injury claim. Defendant has filed an answer to applicant’s petition. As the record has not been adequately developed to determine the medical issue as to whether applicant’s claim for a cumulative trauma injury to her right eye resulted from injurious exposure during her stipulated date of employment, we shall grant applicant’s petition, rescind the Findings and Order and return this matter to the trial level for further proceedings. , I. The Appeals Board has 60 days from the filing of a petition for reconsideration to act on that petition. (Lab. Code, § 5909.) Here, however, through no fault of applicant, the timely-filed petition did not come to the attention of the
