Rex Club v. Workers' Comp. Appeals Bd.

Good Law

1997 Cal. App. LEXIS 259·53 Cal. App. 2d 1465·53 Cal. App. 4th 1465·62 Cal. Rptr. 2d 393·97 Daily Journal DAR 4271

Court of Appeal of CaliforniaMarch 31, 1997C022162California3,335 words

Opinion

Scotland, J.

The State Compensation Insurance Fund (SCIF), as workers’ compensation insurer for the County of Siskiyou, settled a claim involving cumulative injuries suffered by an employee while working for more than one employer, including the County of Siskiyou and the Rex Club. SCIF then filed a petition for contribution (Lab. Code, § 5500.5, subd. (e)) against the Rex Club, seeking reimbursement for a portion of the workers’ compensation benefits SCIF paid to the injured worker. (Further section references are to the Labor Code unless otherwise specified.)

The Workers’ Compensation Appeals Board (WCAB) rejected the Rex Club’s position that the petition for contribution should be dismissed as untimely.

By petition for writ of review, the Rex Club and its insurer, Aetna Casualty and Surety Company (hereafter collectively referred to as Rex Club), seek to annul the WCAB’s order finding that SCIF’s petition for contribution is not time-barred.

Noting section 5500.5, subdivision (e) requires an employer to file a petition for contribution within one year of “an award” of compensation benefits, Rex Club contends the WCAB incorrectly interpreted the one-year statute of limitations as…

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