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Charlie A. Wooten vs. Barlow Respiratory Hospital; zenith Insurance, Ciga; Hih America/great States In Liquidation, Administered By Intercare

Barlow Respiratory Hospital; Zenith Insurance, Ciga; Hih America/Great States In Liquidation, Administered By Intercare Charlie A. Wooten WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACHARLIE A. WOOTEN, Applicant,vs.BARLOW RESPIRATORY HOSPITAL; ZENITH INSURANCE, CIGA; HIH AMERICA/GREAT STATES IN LIQUIDATION, Administered by INTERCARE,, Defendants,Case No. ADJ1488656 (LBO 0306208), ADJ4190554 (LBO 0365076),ADJ4297163 (LBO 0302764), ADJ4306223 (LBO 0322527)OPINION AND ORDER GRANTING RECONSIDERATION ANDDECISION AFTER RECONSIDERATION            Defendant, California Insurance Guarantee Association (C1GA) on behalf of HIH Insurance, in liquidation, for employer Barlow Respiratory Hospital, seeks reconsideration of the Findings of Fact, issued June 30, 2010, in which a workers’ compensation administrative law judge (WCJ) found applicant, Charlie Wooten, who claimed four separate cumulative trauma injuries1 to her neck, bilateral shoulders, bilateral hands and upper extremities arising out of her employment as a secretary/administrative assistant, sustained a single period of industrial cumulative trauma ending August 14, 1997, placing liability solely on CIGA. The WCJ awarded further medical treatment and deferred a determination of applicant’s permanent disability.            CIGA contests the WCJ’s determination of applicant’s date of injury under Labor Code section 5412 and the placing of full liability on CIGA pursuant to Labor Code section 5500.5.2 CIGA argues the WCJ incorrectly found applicant’s date of cumulative trauma injury based upon 1 Applicant filed live separate claims of cumulative trauma injury, but one was dismissed as duplicative of another claim,2 All further statutory references are to the Labor Code , the date she first sought medical treatment for her injury, rather than November 6, 1998, when she first suffered eompensable disability and was taken off work to undergo surgery. CIGA asserts that the opinion of applicant’s treating physicia

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