Jose Candido — ADJ1680248

This decision arises from a contribution dispute between two carriers (American Home Assurance and Zurich American) covering successive periods of a cumulative trauma injury sustained by applicant Jose Candido while employed as a cook for California Pizza Kitchen. The section 5412 date of injury was September 7, 2001, establishing a section 5500.5(a) liability period of September 6, 2000 through September 6, 2001, with American liable for 71% (260 days) and Zurich for 29% (105 days). The arbitrator held that American's June 23, 2010 Petition for Contribution, though untimely as to the January 12, 2007 F&A, placed Zurich on notice of future contribution claims and was timely as to the October 11, 2012 Stipulated Award (new temporary disability) and the Compromise and Release approved via OACR on May 23, 2017. The arbitrator awarded Zurich 29% liability for the C&R and the supplemental TD award, reasoning that permanent disability, lifetime medical treatment converted to a lump-sum MSA, and resumed temporary disability were 'new and distinct' species of benefits not barred by the missed statute of limitations on the 2007 award. The WCAB granted reconsideration to study the issues and then affirmed the arbitrator's decision, adopting and incorporating the Report.