Susanne Carroll — ADJ2912939

Defendant Zurich North America sought reconsideration of an April 21, 2022 Findings and Order in which the WCJ found applicant sustained an industrial injury, that Zurich's Petition for Contribution was untimely, and that co-defendant Travelers was not estopped from asserting the Labor Code section 5500.5(e) statute of limitations defense. Zurich argued that the joint Compromise and Release settling applicant's five claims should be deemed a Petition for Contribution. The Board found that Zurich had never actually filed a Petition for Contribution, making the WCJ's timeliness finding technically incorrect and the estoppel determination premature. The Board noted a C&R predating the award cannot constitute a contribution petition because such a petition must be filed within one year after the award. The Board rescinded the WCJ's Findings and Order and substituted a single finding that Zurich has not filed a Petition for Contribution.