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Maria Toledo vs. Wellpoint Health Network Inc; Ciga For Fremont In Liquidation Administered By Xchanging; Zurich American Insurance

Wellpoint Health Network Inc; CIGA for Fremont in liquidation administered by Xchanging; Zurich American Insurance Maria Toledo WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARIA TOLEDO, Applicant,vs.WELLPOINT HEALTH NETWORK INC; CIGA for FREMONT in liquidation administered by XCHANGING; ZURICH AMERICAN INSURANCE, Defendants.Case Nos. ADJ1256092 (VNO 0458544)OPINION AND ORDER DENYING RECONSIDERATION            Defendant, Zurich North America, seeks reconsideration of the Opinion and Order Granting Reconsideration and Decision After Reconsideration, issued July 21, 2011, in which we reversed the May 12, 2011 Findings and Order, which found that applicant, Maria Toledo, sustained an industrial cumulative trauma injury over the period ending December 2000, placing all liability on California Insurance Guarantee Association, for Fremont Compensation Insurance, in liquidation, insurer of Wellpoint Health Network. In our Decision After Reconsideration, we found applicant sustained a single period of cumulative trauma ending November 1, 2001, during Zurich’s period of coverage.            Defendant, Zurich North America, seeks reconsideration of the Opinion and Order Granting Reconsideration and Decision After Reconsideration, issued July 21, 2011, in which we reversed the May 12, 2011 Findings and Order, which found that applicant, Maria Toledo, sustained an industrial cumulative trauma injury over the period ending December 2000, placing all liability on California Insurance Guarantee Association, for Fremont Compensation Insurance, in liquidation, insurer of Wellpoint Health Network. In our Decision After Reconsideration, we found applicant sustained a single period of cumulative trauma ending November 1, 2001, during Zurich’s period of coverage.            For the reasons set forth below, we shall affirm our prior determination and deny the petition for reconsideration.            As we stated in our prior determination, we analyzed the facts of this case pur

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