West Valley/Mission College; California Insurance Guarantee Association for Fremont Compensation Insurance in liquidation; Subsequent Injuries Benefits Trust Fund Dawn May WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADAWN MAY, Applicant,vs.WEST VALLEY/MISSION COLLEGE; CALIFORNIA INSURANCE GUARANTEEASSOCIATION for FREMONT COMPENSATION INSURANCE in liquidation; SUBSEQUENT INJURIESBENEFITS TRUST FUND, Defendants.Case No. ADJ4219530 (SJO 0221066)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISIONAFTER RECONSIDERATION Applicant seeks reconsideration of the February 18, 2010 Findings and Order of the workers’ compensation administrative law judge (WCJ) who found that applicant sustained industrial injury to her spine on October 22, 1998 while employed as a financial aid tech by West Valley/Mission College and that she “knew or should have known that she suffered from a pre-existing disability upon receipt of Dr. [Frederick] Newton’s report of 11/25/02,” that she “knew or should have known that a substantial likelihood existed of SIBTF [Subsequent Injuries Benefits Trust Fund or “Fund”] liability by no later than 7/22/04,” and that she “did not file her Application for SIBTF benefits until 12/10/08,” which was not ‘”within a reasonable time’ from 7/22/04.” Based upon those findings, the WCJ ordered that applicant take nothing on her claim for SIBTF benefits. Earlier, on March 26, 2009, the WCJ approved the compromise and release agreement between applicant and defendant that settled her claim of specific industrial injury to her back and , psyche with a lump sum payment of $329,105. Applicant contends that the WCJ erred in finding that her application for SIBTF benefits is barred because it was untimely filed. An answer was received from the SIBTF, and the WCJ provided a Report and Recommendation on Petition for Reconsideration (Report). Applicant requested to file a Response to the WCJ’s Report as allowed by Cali
