SAMUEL RAMIREZ vs. AEROTEK/ACE AMERICAN INSURANCE administered by ESIS, STAFFING NETWORK/CIGA by its servicing agent SEDGWICK CMS for LUMBERMANS UNDERWRITING in liquidation, ANTHONY INTERNATIONAL INC. Insured by LIBERTY MUTUAL INSURANCE, ROTH STAFFING COMPANIES insured by XL INSURANCE AMERICA administered by SEDG

The Workers' Compensation Appeals Board granted reconsideration to address CIGA's contention that the statute of limitations did not bar the applicant's amendment of his claim from a specific injury to a cumulative trauma injury. The Board found that the amended application related back to the original timely filed application, as both parties understood the injury was cumulative, and benefits were provided accordingly. The presence of multiple defendants, including CIGA, does not preclude amendments to conform to proof, especially given Labor Code Section 5500.5 concerning cumulative trauma liability. Therefore, the Board amended the original order to find that the amended application alleging cumulative trauma was not time-barred.