Maria Flores — ADJ10671022, ADJ11268290

Applicant Maria Flores filed a cumulative trauma claim (ADJ10671022) covering August 17, 2013 through August 13, 2016, during which the employer Flap Happy was insured by California Insurance Company and Insurance Company of the West for different portions of the CT period. Applicant and California Insurance Company entered into a Compromise and Release settling the entire CT period (except future medical), and Insurance Company of the West was not a party to the settlement. Insurance Company of the West sought reconsideration of the OACR, contending it did not adequately account for permanent disability advances it had made. The WCAB affirmed the OACR, holding that under sections 5005 and 5500.5 any carrier may settle all or part of a cumulative injury claim, and that the settling carrier (California Insurance Company) had reserved its right to seek contribution, leaving Insurance Company of the West free to assert offset or credit for permanent disability advances in subsequent contribution proceedings.