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

This case involves a worker's compensation claim by Helen Taylor for a cumulative trauma injury sustained during the period of November 2, 1995 to January 21, 2008 while employed at Presidio Components, Inc. The worker's compensation administrative law judge found that the Compromise & Release agreement of September 29, 2011 settled the claim against the Insurance Company of the West (ICW) and barred any further recovery from State Compensation Insurance Fund (SCIF) and Zenith Insurance (Zenith). The WCJ's decision was overturned on appeal, as the Compromise & Release agreement expressly limited the settlement to ICW and did not release SCIF or Zenith from liability. The matter was returned to the trial level for further proceedings.

PRESIDIO COMPONENTS, INC.; ICW GROUP/EXPLORER INSURANCE COMPANY; STATE COMPENSATION INSURANCE FUND; ZENITH INSURANCE HELEN TAYLOR WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAHELEN TAYLOR, Applicant,vs.PRESIDIO COMPONENTS, INC.; ICW GROUP/EXPLORER INSURANCE COMPANY; STATECOMPENSATION INSURANCE FUND; ZENITH INSURANCE, Defendants.Case No. ADJ7032695(San Diego District Office)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATIONAND DECISION AFTER RECONSIDERATION            Applicant seeks reconsideration of the Findings and Order issued April 27, 2012 wherein the workers’ compensation administrative law judge (WCJ) found “the Compromise & Release dated September 29, 2011 settled applicant’s claim of a cumulative trauma injury during the period of November 2, 1995 through January 21, 2008 for alleged injuries to her neck, right shoulder and psyche while employed at Presidio Components, Inc”. The WCJ ordered that applicant was barred “from any further recovery from State Compensation Insurance Fund or Zenith Insurance for the cumulative trauma period from November 2, 1995 to January 21, 2008 while employed at Presidio Components, Inc”.            Applicant contends that the WCJ erred by barring applicant’s claim against State Compensation Insurance Fund (SCIF) and Zenith Insurance (Zenith) arguing that the Compromise and Release agreement of September 29, 2011 expressly limited the settlement to the Insurance Company of the West (ICW) and did not release SCIF or Zenith from liability. SCIF filed an answer.            Based upon our review of the record, and for the reasons set forth herein, we will grant applicant’s Petition for Reconsideration, rescind the Findings and Order issued April 27, 2012 and return this matter to the trial level for further proceedings. ,             In the Report and Recommendation on Petition for Reconsideration (Report), the WCJ noted that the “sole issue … was whether the Compromise and Release dated September 29, 2011 settl

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