Lori Wilson — ADJ8885673

In this cumulative trauma case involving applicant Lori Wilson, the elected defendant Travelers/Prospect sought contribution from two unelected co-defendants (Preferred/Alameda and Travelers/Alameda) after resolving the claim via a $282,492.50 Compromise and Release approved August 7, 2019. An arbitrator under Labor Code section 5270 et seq. found the contribution petition time-barred only as to temporary disability awarded in the 2015 Stipulated Award, but timely as to the C&R amount and other incurred losses; found Dr. Charles' AME opinions constituted substantial evidence; and found insufficient evidence that Travelers had a duty to subrogate against a later motor vehicle accident. Preferred/Alameda petitioned for reconsideration challenging substantiality of the C&R value, the failure to subrogate, and the pro rata basis of contribution. The WCAB adopted and incorporated the arbitrator's report and denied reconsideration, noting the amount of contribution was reserved for adjustment between the parties.