What the panel ordered
Petition for Reconsideration granted in part to amend Findings and Orders to clarify applicant's date of injury; Petition for Contribution denied.
Petition for Reconsideration filed by Mitsui Sumitomo Insurance Company of America after denial of Petition for Contribution by the arbitrator.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The Board found that the applicant's date of injury under Labor Code section 5412 was June 2, 2009, after the last date of injurious exposure, and denied Mitsui's Petition for Contribution because Mitsui insured the employer during the last year of injurious exposure.
From the decision · page 1Mitsui Sumitomo Insurance Company (Mitsui) seeks reconsideration of the July 12, 2021 Findings and Order wherein the workers' compensation arbitrator denied Mitsui's Petition for Contribution because applicant's Labor Code section 5412 date of injury was after his last date of employment and Mitsui insured applicant's employer during the last year of industrial exposure.1 The arbitrator found that "applicant's date of cumulative trauma, as defined by the provisions of Labor Code § 5500.5 and § 5412, to be June 16, 2007 through June 16, 2008." The arbitrator denied Mitsui's Petition for Contribution.