CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration, rescinding an arbitrator's decision that had determined specific injury dates binding for contribution proceedings. The Board ruled that ESIS, Inc. was not bound by its prior stipulation with the applicant regarding injury dates for the purpose of determining contribution from other defendants. The case is remanded for the arbitrator to independently determine the dates of injurious exposure, as required by Labor Code section 5500.5, to properly address ESIS's contribution claim.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration, rescinding an arbitrator's decision that had determined specific injury dates binding for contribution proceedings. The Board ruled that ESIS, Inc. was not bound by its prior stipulation with the applicant regarding injury dates for the purpose of determining contribution from other defendants. The case is remanded for the arbitrator to independently determine the dates of injurious exposure, as required by Labor Code section 5500.5, to properly address ESIS's contribution claim.
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