CONFORTI PLUMBING aka HANGTOWN GENERAL ENGINEERS; CALIFORNIA INDEMNITY INSURANCE COMPANY, Adjusted By GAB ROBINS, MICHAEL BARNES, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMICHAEL BARNES, Applicant,vs.CONFORTI PLUMBING aka HANGTOWN GENERAL ENGINEERS; CALIFORNIA INDEMNITY INSURANCE COMPANY, Adjusted By GAB ROBINS, Defendant(s).Case No. ADJ4609976 (SAC 0311940)OPINION AND ORDER DENYING RECONSIDERATION Defendant California Indemnity Insurance Company, administered by GAB Robins (hereafter “defendant” or “petitioner”) seeks reconsideration of our July 20, 2009 “Opinion and Orders Granting Petition for Removal and Decision After Removal and Dismissing Petition for Reconsideration.” In that decision, we granted removal of this matter on the petition filed by State Compensation Insurance Fund and dismissed petitioner’s March 14, 2006 Petition for Contribution. We also rescinded the April 30, 2009 Order of the workers’ compensation administrative law judge (WCJ) instructing SCIF and petitioner (the WCJ erroneously referred to California Insurance Guarantee Association) to select an arbitrator and proceed to arbitration of petitioner’s Petition for Contribution. In its Petition for Reconsideration, defendant contends that the Appeals Board has jurisdiction to decide the contribution issue under Labor Code section 5300, subdivision (a) as it provides for proceedings concerning “any right or liability arising out of or incidental to the recovery of compensation.” Defendant also contends, in essence, that its March 14, 2006 Petition for Contribution, filed in both cases, provided timely notice to SCIF that it was seeking contribution as it was filed within five years of the date of injury and within one year of dismissal of the cumulative claim. Defendant appears to argue that the Petition for Contribution should be , liberally construed to be a petition to reopen ADJ1009578 (SAC 0313422), the cumulative injury claim. Defendant further conte
