Garfio Cabrera, Arnoldo

Applicant Arnoldo Garfio Cabrera claimed a cumulative injury to his lungs/respiratory system during his employment with Atkore International (dba Calpipe Industries). Three carriers insured the employer during the relevant period: SCIF, American Alliance, and American Home Assurance. American Home Assurance settled the claim with applicant via Stipulations with Request for Award (cumulative trauma period May 4, 2017 to May 4, 2018) and later sought reimbursement/contribution from SCIF and American Alliance. The WCJ found the carriers bound by the stipulated period and limited liability under section 5500.5, but SCIF and American Alliance argued they were not parties to the stipulations and were not bound. The Board granted reconsideration, holding non-party carriers cannot be bound by stipulations to which they did not agree, and rescinded the F&O because the section 5412 date of injury had not been adequately established, remanding for further development of the record.