Barahona, Nanci

Applicant Nanci Barahona claimed a cumulative trauma injury while concurrently employed by ABM Janitorial (self-insured, administered by ESIS) and Kellermeyer Bergensons (insured by Zurich, administered by Gallagher Bassett). Applicant filed separate applications and entered into two separate Compromise and Release Agreements—first settling against Kellermeyer for $17,500 (approved June 2016), then settling against ABM for $60,000 (approved August 2018). ABM petitioned for contribution of $50,942.50 from Kellermeyer, and Kellermeyer cross-petitioned for $20,995.46 from ABM. The Arbitrator denied both contribution petitions, finding that because applicant made no election under section 5500.5(c) and each defendant settled its own portion separately, no joint and several liability arose and no contribution rights existed—only credit/apportionment rights. The WCAB granted reconsideration to study the issues but ultimately affirmed the January 25, 2021 Findings and Order, rejecting ABM's equitable estoppel argument because any ignorance on ABM's part was self-imposed and discoverable, not caused by Kellermeyer's conduct.