General Accident Insurance v. Workers' Compensation Appeals Board

*1144 Opinion

General Accident Insurance Company (General) challenges a Workers’ Compensation Appeals Board (WCAB) ruling denying its request to dismiss a claim by Fireman’s Fund Insurance Companies (Fireman’s) seeking contribution for an employee’s continuous trauma injury. We hold (1) the one-year statute of limitations contained in Labor Code section 5500.5, subdivision (e) (further statutory references are to the Labor Code, unless otherwise indicated) applies to such a claim, (2) Fireman’s did not satisfy the requirement of the statute by merely joining General as an additional party in the workers’ comepnsation action, and (3) General was not estopped from relying on the statute of limitations. We therefore conclude General is entitled to the requested relief and grant the writ.

Facts

On January 23, 1990, Patricio Loterstein, an employee of R & H Designs, Inc. (R & H), filed a workers’ compensation claim alleging he had suffered a continuous trauma injury commencing August 1, 1989. General provided workers’ compensation coverage to R & H between September 1988 and December 18, 1989; Fireman’s between December 22, 1989, and December 22, 1990. Loterstein’s claim named…