BEST SOFTWARE; XL SPECIALTY INSURANCE COMPANY; and UNITED STATES FIDELITY & GUARANTY, DARLENE KRAMER, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADARLENE KRAMER, Applicant,vs.BEST SOFTWARE; XL SPECIALTY INSURANCE COMPANY; and UNITED STATES FIDELITY & GUARANTY, Defendants.Case No. ADJ274810 (SAC 0342774)OPINION AND DECISION AFTER RECONSIDERATION On July 20, 2009, we granted the petition for reconsideration of defendant XL Specialty Insurance Company (XL), one.of the employer’s insurers, of the Findings and Award and Order of May 15, 2009, to further study the issues. This is our Decision After Reconsideration. In the Findings and Award and Order of May 15, 2009, the workers’ compensation judge (WCJ) found that applicant sustained an industrial injury to her spine during a period through December 31, 2003, while employed as a customer support technician by Best Software, XL’s insured through February 28, 2004, and the insured of XL’s co-defendant, United States Fidelity & Guaranty (Fidelity), from February 29, 2004, through February 28, 2005. The WCJ further found, in relevant part, that the injury caused applicant a need for further medical treatment and 65% permanent disability after apportionment, entitling her to further medical treatment and permanent disability indemnity totaling $71,456.25. In its petition for reconsideration, XL contends that the date of applicant’s cumulative injury is the period through September 23, 2004, arguing that applicant continued working and her condition worsened until then. Alternatively, XL contends that applicant sustained more than one cumulative injury. XL also contends that the injury caused less than 65% permanent disability, arguing that the WCJ erred in relying on the reports of Andrew Burt, M.D., an orthopedic surgeon and applicant’s qualified medical evaluator (QME), and instead should have relied on the opinion , of Edward M. Tapper, M.D., an orthopedic surgeon and XL’s QME.
