Kimberly Denova-joy vs. Santa Paula Elementary School District, Ciga On Behalf Of Fremont Insurance Company In Liquidation, As Administered By Cambridge Integrated Services

In this case, the Santa Paula Elementary School District, CIGA on behalf of Fremont Insurance Company in Liquidation, as administered by Cambridge Integrated Services, sought reconsideration of a workers' compensation administrative law judge's (WCJ) determination that Kimberly DeNova-Joy sustained 55.75% permanent disability as a result of her admitted December 5, 1995 injury to her back, left shoulder, right big toe, psyche and fibromyalgia. The WCJ did not follow the apportionment determinations of the Agreed Medical Examiners, Dr. Angerman and Dr. Preston, finding it was unnecessary to address apportionment since defendant did not specifically raise it as an issue. The Appeals Board granted reconsideration, rescinded

Santa Paula Elementary School District, CIGA On Behalf of Fremont Insurance Company In Liquidation, As Administered By Cambridge Integrated Services KImberly DeNova-Joy WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAKIMBERLY DeNOVA-JOY Applicant,vs.SANTA PAULA ELEMENTARY SCHOOLDISTRICT, CIGA On Behalf of FREMONTINSURANCE COMPANY In Liquidation, As Administered By CAMBRIDGE INTERGRATED SERVICES, Defendants.Case No. ADJ4552593 (MON 0258406)ADJ6674320OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant, California Insurance Guarantee Association (CIGA), on behalf of Fremont Insurance, in liquidation, for employer, Santa Paula Elementary School District, seeks reconsideration of the Findings of Fact and Award, issued April 1, 2011, in which a workers’ compensation administrative law judge (WCJ) found that as a result of her admitted December 5, 1995 injury to her back, left shoulder, right big toe, psyche and fibromyalgia while employed as a Special Education Resource Teacher, applicant Kimberly DeNova-Joy sustained 55.75% permanent disability, after apportioning half of the disability caused by fibromyalgia to non-industrial causes.            Defendant contests the WCJ’s determination on the grounds that upon remand of this case after the previous Opinion and Order Granting Reconsideration and Decision after Reconsideration, the WCJ failed to develop the medical record and consider the issue of apportionment of applicant’s permanent disability arising from her orthopedic and psychiatric injuries. Defendant argues that the prior reports of the Agreed Medical Examiners, Dr. Angerman ,             Following our review of the record, and for the reasons set forth below, we shall grant reconsideration, rescind the Findings and Award and return this matter to the trial level for farther proceedings.I.            This matter was previously before the Appeals Board on a petition for reconsideration from the Findings of F

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