J.T.Posey Co. et al Patricia Diaz WORKERS’ COMPENSATION APPEALS BOARD STATE OF CALIFORNIAPATRICIA DIAZ, ADJ735474 (LAO 0865371)Applicant,vs.J.T. POSEY CO.; et al.,Defendant(s).Case Nos. ADJ3911273 (LAO 0865370) ADJ735474 (LAO 0865371) OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER Defendant ACE/ESIS seeks reconsideration of the April 1, 2010 Findings and Order, wherein the arbitrator found that applicant’s date of injury in accordance with Labor Code section 5412 is March 3, 2000, that the period of liability in accordance with Labor Code section 5500.5(a) is March 3, 1999, through March 3, 2000, that coverage for the cumulative trauma period was provided by Indemnity Insurance Company of North America and Superior National, “now CIGA,” expenditures in an amount to be adjusted by the parties, with jurisdiction reserved before the arbitrator. Defendant contends the arbitrator erred in his findings on the date of injury and the period of liability, arguing that applicant first had knowledge of an industrial injury and compensable disability on July 26 or 27, 2000, and that the correct cumulative trauma period of liability was July 27, 1999, through July 27, 2000. Defendant further contends that CIGA has no standing to proceed in this case as it was dismissed as a party defendant. We have considered the Petition for Reconsideration and CIGA’s Answer, and we have reviewed the record in this matter. The arbitrator prepared an Arbitrator’s Recommendation on Petition for Reconsideration (Report), recommending that the petition be denied. , For the reasons discussed below, we will grant defendant’s petition for reconsideration, rescind the arbitrator’s Findings and Order, and return the matter to the arbitrator for preparation of a proper record and a new decision. The arbitrator’s Findings and Order states that this matter was heard on March 15, 2010, and that evidence was submitted. T
