Johnson, Gary

This is a contribution/reimbursement dispute between two insurers arising from a workers' compensation arbitration under Labor Code section 5273 et seq. An arbitrator awarded Illinois Midwest Insurance Agency, LLC (on behalf of ProCentury Insurance Company) $114,904.13 against AmGuard Insurance Company, representing 57% reimbursement of indemnity, medical, and other litigation expenses pursuant to a prior unappealed order by WCJ Geoffrey Sims. AmGuard sought reconsideration arguing the award improperly included legal fees, utilization (IMR) fees, and discovery expenses not recoverable in contribution. The Appeals Board first addressed a jurisdictional timeliness issue, applying the Shipley tolling doctrine because the district office failed to timely transmit the petition. On the merits, the Board affirmed the arbitrator's Findings and Award, adopting and incorporating the arbitrator's Opinion on Decision and Report.