HELEN TAYLOR vs. PRESIDIO COMPONENTS, INC.; INSURANCE COMPANY OF THE WEST GROUP/EXPLORER INSURANCE COMPANY; STATE COMPENSATION INSURANCE FUND; ZENITH INSURANCE

PRESIDIO COMPONENTS, INC.; INSURANCE COMPANY OF THE WEST GROUP/EXPLORER INSURANCE COMPANY; STATE COMPENSATION INSURANCE FUND; ZENITH INSURANCE HELEN TAYLOR WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAHELEN TAYLOR, Applicant,vs.PRESIDIO COMPONENTS, INC.; INSURANCE COMPANY OF THE WEST GROUP/EXPLORERINSURANCE COMPANY; STATE COMPENSATION INSURANCE FUND;ZENITH INSURANCE, Defendants.Case No. ADJ7032695(San Diego District Office)OPINION AND ORDERS GRANTING PETITIONS FOR RECONSIDERATIONAND DECISION AFTER RECONSIDERATION            Defendants, Zenith Insurance Company (Zenith) and State Compensation Insurance Fund (SCIF), each seek reconsideration of the Opinion and Order Granting Petition for Reconsideration and Decision After Reconsideration, issued July 16, 2012, wherein we granted applicant’s Petition for Reconsideration of the Findings and Order issued April 27, 2012. In the Findings and Order, the workers’ compensation administrative law judge (WCJ) had found that the Compromise and Release dated September 29, 2011 settled applicant’s entire claim of cumulative injury during the period of November 2, 1995 through January 21, 2008 and ordered that she was barred from any further recovery from SCIF or Zenith during that cumulative trauma period. We rescinded the Findings and Order of April 27, 2012 and returned the matter to the trial level noting that the express language of the Compromise and Release agreement settles applicant’s claim only in regards to co-defendant, Insurance Company of the West (ICW). In light of this language, we concluded that the settlement agreement was limited to the liability of ICW, noting that Labor Code section 5005 allows a settlement as to one defendant out of several co-defendants in a cumulative trauma period. However, we expressed no opinion regarding whether SCIF or Zenith might have any liability and further noted that SCIF and Zenith were not bound by the statement in the Compromise and Release that applicant did not susta

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