DENNY’S INC.; CIGA, BY ITS SERVICING AGENCY, INTERCARE INSURANCE SERVICES, FOR HIH INSURANCE COMPANY, IN LIQUIDATION, HOWARD GOLD, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAHOWARD GOLD, Applicant,vs.DENNY’S INC.; CIGA, BY ITS SERVICING AGENCY, INTERCARE INSURANCE SERVICES, FOR HIH INSURANCE COMPANY, IN LIQUIDATION, Defendants.Case Nos. ADJ2502324 (POM 0281213)ADJ964225 (RIV 0026851)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Defendant, CNA Insurance, seeks reconsideration of the Findings and Order, issued March 27, 2009, in which a workers’ compensation administrative law judge (WCJ) found applicant, Howard Gold’s claim for an industrial cumulative trauma injury to his back and spine over the period September 2, 2000 through October 18, 2000, in ADJ2502324, is not barred by the statute of limitations. The WCJ also modified a prior order in ADJ964225, regarding a November 22, 1997 industrial injury to applicant’s back and spine. The WCJ held that California Insurance Guarantee Association (CIGA), for HIH Insurance, in liquidation, is responsible for the future medical treatment awarded in that case on July 7, 1999, concluding that “[o]ther insurance for treatment is not at this time available to the applicant.” The WCJ had previously held CNA Insurance liable for applicant’s medical treatment in the companion case. CIGA has not sought reconsideration from the modified order in ADJ964225. Defendant CNA Insurance contends the WCJ erred in concluding applicant’s cumulative trauma claim is not barred by the statute of limitations. Defendant argues applicant’s October 2004 claim is barred as it was filed more than four years from the end of the cumulative trauma period, , and that applicant had the requisite knowledge in October of 2000, that he was disabled and that his disability was caused by his employment, even if he did not know whether he suffered a new injury or an aggravation of his 1997 injury. Defendant further as
