Sharla Foreman, vs. Orange County Performing Afts; California Insurance Guarantee Association By Its Servicing Facility Sedgwick Cms For Villanova 10i Insurance Company In Liquidation,

This case involves a dispute between Sharla Foreman, the applicant, and Orange County Performing Arts, California Insurance Guarantee Association by its servicing facility Sedgwick CMS for Villanova Insurance Company in liquidation, the defendant. The applicant was seeking workers' compensation benefits for injuries to her shoulder while employed as a wardrobe stitcher/dresser. The parties settled the applicant's claims for the amount of $33,204.00, with the period of cumulative trauma listed as March 9, 2002 through October 14, 2003. The defendant sought reconsideration of the decision, arguing that the proper period of injurious exposure was not the period listed on the Compromise and Release. The Appeals Board granted reconsideration, rescinded the WCJ's

ORANGE COUNTY PERFORMING AFTS; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION by its servicing facility SEDGWICK CMS for VILLANOVA 10i INSURANCE COMPANY in liquidation, SHARLA FOREMAN, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASHARLA FOREMAN, Applicant,vs.ORANGE COUNTY PERFORMING AFTS; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION by its servicing facility SEDGWICK CMS for VILLANOVA INSURANCE COMPANY in liquidation, Defendant(s).Case No. ADJ3456844 (MON 0310036)ADJ2277052 (MON 0310037)ADJ925461 (MON 0331837)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant California Insurance Guarantee Association (CIGA) by its servicing facility Sedgwick CMS for Villanova Insurance Company, in liquidation, seeks reconsideration of the July 23, 2009 Joint Findings wherein the WCJ found that there was no basis for changing the dates of injury from those listed on the Joint Compromise and Release approved on January 15, 2009. Therein, the parties settled applicant’s claims of injury to her shoulder while employed as a “wardrobe sticher/dresser” [sic] on March 9, 2002, on January 24, 2003, and during the period from March 9, 2002 through October 14, 2003 for the amount of $33,204.00.            Following resolution of applicant’s claims, these matters were consolidated and set for hearing on June 22, 2009 on the sole issue of the period of cumulative trauma (ADJ 3456844) for the right shoulder. Thereafter, the WCJ issued the decision from which CIGA seeks reconsideration herein.            CIGA contends that the WCJ erred in finding no basis to change the date of cumulative trauma arguing that the Compromise and Release did not constitute a stipulation as to the period of cumulative trauma and that there is no basis to apply the doctrines of equitable or judicial estoppel./// , Co-defendant TIG filed an Answer and the WCJ issued a Report and Recommendation on Petition for Reconsideration (Report) recommending that we deny recons

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