Ehman, Ronald

Applicant Ronald Ehman sustained cumulative trauma injuries to the same body parts and pursued two claims: a California workers' compensation claim against American Civil Constructors (ACC), which settled first via C&R, and a federal Longshore Act claim against California Engineering Contractors (CEC), which settled later for $189,000. After applicant elected against ACC in California, ACC pursued contribution from CEC. CEC sought to reduce its contribution obligation by $189,000 (the amount of its Longshore Act settlement), arguing it was entitled to a credit. The arbitrator denied the credit, and the WCAB affirmed, holding that CEC could have, but allegedly chose not to, exercise its credit rights under 33 U.S.C. § 903(e) in its later Longshore Act settlement and could not now shift the cost of that choice onto ACC. The F&A was amended only to clarify that CEC was never actually awarded a credit in any prior proceeding.