WASHINGTON MUTUAL, INC.; LUMBERMEN’S MUTUAL CASUALTY ‘ COMPANY (KEMPER), Administered By (BROADSPIRE; ZURICH AMERICAN, Administered By SPECIALTY RISK SERVICES; AMERICAN CASUALTY COMPANY OF READING, PA, Administered By CNA CLAIMPLUS, FERNANDO RIVERA, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAFERNANDO RIVERA, Applicant,vs.WASHINGTON MUTUAL, INC.; LUMBERMEN’S MUTUAL CASUALTY COMPANY (KEMPER), Administered By (BROADSPIRE; ZURICH AMERICAN,Administered By SPECIALTY RISK SERVICES; AMERICAN CASUALTY COMPANY OF READING, PA, Administered By CNA CLAIMPLUS, Defendant.Case No. ADJ4620649 (VNO 0529385)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Co-defendant, American Casualty Company Of Reading, PA, administered by CNA ClaimPlus (American Casualty) seeks reconsideration or, alternatively, to set aside the Order Approving Compromise and Release and Award (OACR) issued by the workers’ compensation administrative law judge (WCJ) on October 23, 2008, wherein the WCJ approved the compromise and release agreement between applicant and co-defendant Lumbermen’s Mutual Casualty Company, administered by Broadspire (Lumberman’s). The OACR states that the Award is made in favor of applicant against “Washington Mutual; Lumberman’s Mutual (admin. By Broadspire) et.al.” The Compromise and Release (C&R) states that applicant “elects against Lumbermen’s Broadspire.” In the C&R, applicant and Lumbermen’s resolved applicant’s claim that, while employed as a processing representative from February 1999 through April 28, 2006, he sustained cumulative injury to his bilateral wrists, hands, fingers, elbows, shoulders, neck, arms and upper extremities. , American Casualty contends the WCJ erred in incorrectly identifying it as a party defendant in the settlement agreement, arguing that it should not have been identified as a party because it has a denied injury and Lumbermen’s has an admitted injury. We have considered t
