Authorities as the decision cited them, with how this panel applied each one.
Lab. Code, 5900(a), 5903, 5909
Petitions for reconsideration must be filed within 25 days of a final decision and are deemed denied if not acted upon within 60 days.
The petitions for reconsideration were timely filed and acted upon within the 60-day period.
From the decision · page 2As an initial matter, both petitions are timely. To be timely, a petition for reconsideration
must be filed with (i.e., received by) the WCAB within 25 days from a "final" decision that has
been served by mail upon an address in California. (Lab. Code, § 5900(a), 5903; Cal. Code Regs.,
tit. 8, former § 10507(a)(1), now § 10605(a)(1), former § 10845(a), now § 10940(a); former § 10392(a), now § 10615(b) (eff. Jan. 1, 2020).) A petition for reconsideration of a final decision
by a workers' compensation administrative law judge must be filed in the Electronic Adjudication
Management System (EAMS) or with the district office having venue. (Cal. Code Regs., tit. 8,
former § 10840(a), now § 10940(a) (eff. Jan. 1, 2020).) Labor Code section 5909 provides that a
petition for reconsideration is deemed denied unless the Appeals Board acts on the petition within
60 days of filing. (Lab. Code, § 5909.) Section 5315 provides the Appeals Board with 60 days
within which to confirm, adopt, modify or set aside the findings, order, decision or award of a
workers' compensation administrative law judge. (Lab. Code, § 5315.)
Lab. Code, 5500.5(e)
Employers during the cumulative trauma period are jointly and severally liable and may seek contribution from each other in separate proceedings.
The case involves contribution and reimbursement issues related to two cumulative trauma injuries and multiple insurers/employers.
From the decision · page 4When an employee sustains a cumulative trauma injury, the employee may pursue his or
her claim for benefits against any one or more of successive employers that employed the
employee during the cumulative trauma. (Lab. Code, § 5500.5.) If there are multiple employers
during the 5500.5 liability period, the employers are jointly and severally liable for the entire award
and may seek contribution from each other during separate proceedings. (Lab. Code, § 5500.5(e);
Denny's Inc. v. Workers' Comp. Appeals Bd. (Bachman) (2003) 104 Cal. App. 4th 1433 [68
Cal.Comp.Cases 1].)
Lab. Code, 5273, 5275(a)
Disputes over contribution pursuant to Section 5500.5 must be submitted to arbitration and costs split between parties.
The arbitrator must address contribution issues and allocate liability among insurers.
From the decision · page 4An applicant may elect against any defendant who has potential liability for the alleged
cumulative injury, and any defendant held liable may proceed against other potentially liable
insurers or employers. (Industrial Indemnity Co. v. Workers' Comp. Appeals Bd. (Garcia) (1997)
60 Cal.App.4th 548 [62 Cal.Comp.Cases 1661].) If an applicant elects to proceed against a single
insurer, the insurer is entitled under Labor Code section 5500.5 to seek contribution for awarded
benefits from the remaining insurers in subsequent proceedings. (See Schrimpf v. Consolidated
Film Industries, Inc. (1977) 42 Cal.Comp.Cases 602 [en banc].) This procedure is intended to
promote a prompt determination of an injured worker's entitlement to workers' compensation
benefits. (Rex Club v. Workers' Comp. Appeals Bd. (Oakley-Clyburn) (1997) 53 Cal.App.4th 1465
[62 Cal.Comp.Cases 441].) Disputes over the right of contribution pursuant to Section 5500.5 are
required to be submitted to arbitration and the cost of arbitration is split between the parties. (Lab.
Code, § 5273, 5275(a).)