Tony Blandino vs. United Waste Systems, Inc.; Reconsideration National Union Fire Insurance company/aig (chartis); Liberty Insurance Corporation (liberty mutual),

(SAL 077867) In this case, Tony Blandino filed an application for adjudication of claim alleging cumulative industrial injury to his joints, lungs and in the form of hearing loss during the period 1978 to October 22, 1997. During the one year "liability period" outlined by Labor Code § 5500.5(a), Liberty Mutual provided workers' compensation coverage to the applicant's employer until July 31, 2007, whereupon coverage was provided by AIG. Pursuant to Labor Code § 5500.5(c), the applicant elected to proceed solely against AIG. AIG then instituted contribution proceedings against Liberty pursuant to Labor Code § 5500.5(e). Liberty sought reconsideration of an arbitrator

United waste systems, inc.; reconsideration National union fire insurance Company/aig (chartis); liberty Insurance corporation (liberty Mutual), Tony Blandino WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIATONY BLANDINO,Applicant, Vs.UNITED WASTE SYSTEMS, INC.;NATIONAL UNION FIRE INSURANCE COMPANY/AIG (CHARTIS); LIBERTYINSURANCE CORPORATION (LIBERTYMUTUAL),Defendants. Case No. ADJ2582500 (SAL 077867) OPINION AND ORDER GRANTING RECONSIDERATIONAND DECISION AFTER RECONSIDERATION Defendant Liberty Insurance Company (“Liberty”) seeks reconsideration of an arbitrator’sFindings, Award and Orders of May 3, 2010, wherein it was found that Liberty was “barred from submitting any new evidence [apart from the evidence admitted in the underlying proceedingsbefore the workers’ compensation administrative law judge] on the issue of injury AOE/COE/contribution,” and that Liberty was “liable for [its] prorata share of the payments made by [co-defendant National Union Fire Insurance Company/AIG (AIG)] in administering and/or settling the underlying claim with the Applicant.” Liberty contends that the arbitrator erred in not allowing it to introduce evidence regardingits liability in this matter, in not conducting his own evidentiary hearing, and in finding that he was bound by a WCJ’s prior decision. We have received an answer, and the arbitrator has filed a Report and Recommendation on Petition for Reconsideration (Report).  As explained below, we will grant reconsideration, rescind the Findings, Award and Orders of the Arbitrator of May 3, 2010, return this matter to the arbitrator so that he may independently consider the evidence in this matter and render a decision, and for him to document the proceedings as mandated by WCAB Rule 10566 and Hamilton v. Lockheed Corp. (2001) 66 Cal.Comp.Cases 473 (Appeals Bd. en banc). ,  Our review of this matter is complicated by the fact that the arbitrator did not prepareminutes of hearing listing the stipulations of the parties, t

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