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CONTRIBUTION & JOINDER

Labor Code §5500.5 limited liability for occupational disease or cumulative injury claims to the insured employer during the last year "immediately preceding either the date of injury, as determined pursuant to Section 5412, or the last date on which the employee was employed in an occupation exposing him or her to the hazards of the occupational disease or cumulative injury, whichever occurs first." Employers may seek to apportion liability by petitioning for joinder and contribution: "(e) At any time within one year after the appeals board has made an award for compensation benefits in connection with an occupational disease or cumulative injury, any employer held liable under the award may institute proceedings before the appeals board for the purpose of determining an apportionment of liability or right of contribution."

The Board "may order the joinder of additional parties necessary for the full adjudication of the case."  8 CCR §10380

Contribution goes to arbitration if the employee is represented by an attorney. See LC §5275

Label Item Links Comments
Labor Code Right of contribution

Mandatory arbitration for right of contribution in accordance with Section 5500.5.
LC §5500.5

LC §5275
 
Regulations/Rules Joinder Joinder regs  
Cases  General Accident Ins. Co. v. WCAB. (Loterstein) (1996) 61 Cal.Comp.Cases 648, 47 Cal.App.4th 1141: a formal filing is necessary to preserve right to contribution General Accident Ins. Co. v. WCAB. (Loterstein)  
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