Benjamin Morales — ADJ6818414, ADJ9980198

Applicant Benjamin Morales claimed both a specific injury on March 2, 2007 and a cumulative trauma injury through his last day of work on June 16, 2008. Mitsui Sumitomo, which insured the employer during the last year of injurious exposure, sought contribution/reimbursement, arguing the Labor Code section 5412 date of injury for the cumulative trauma should be March 2007 (when applicant allegedly had industrial knowledge and disability from a hypertensive crisis), which would shift liability to a prior carrier. The arbitrator denied the contribution petition, finding the cumulative trauma date of injury was tied to the last date of employment. On reconsideration, the WCAB granted reconsideration but affirmed the denial of contribution, amending the findings to clarify the section 5412 date of injury was June 2, 2009 (the date of concurrence of disability and knowledge). The Board distinguished Bassett-McGregor and held Mitsui solely liable as the carrier on the risk during the last year of injurious exposure.