CONTRIBUTION– Labor Code §5500.5–Contribution in a cumulative injury case must be determined in a separate supplemental proceeding, and such a proceeding must be instituted only by filing a petition within one year after the appeals board has made an award for compensation benefits in connection with a cumulative injury. Any employer held liable under the award may commence the proceedings before the Appeals Board for the purpose of determining an apportionment of liability or right of contribution. [In this case an order for mandatory arbitration on the issue of contribution did not constitute compliance with the requirement of Labor Code §5500.5(e) to institute proceedings before the Appeals Board to determine the right to contribution.] Council of Community Clinics v. Workers' Compensation Appeals Board, Remedy Temp (Kelly Cass) 7 WCAB Rptr. 10,276 ___Cal.App.4th___

CONTRIBUTION– Labor Code §5500.5– Does an order assigning the issue of contribution to an arbitrator pursuant to Labor Code §5275 negate the need to file a Petition for Contribution? Council of Community Clinics v. Workers' Compensation Appeals Board (Kelly Cass) 7 WCAB Rptr. 10,169

CONTRIBUTION– Labor Code §5500.5– In a cumulative injury claim the date of injury is the date on which the injured worker first suffered disability and knew or should have known, the disability was related to his/her employment. Liability for such injury is the responsibility of all employers and insurance carriers during the one year period ending on such date of injury (See Republic Indemnity of America v. Workers' Comp. Appeals Bd. (Anderson) (1998) 65 Cal.Comp.Cases 590 [writ denied].) Ocean Medical Imaging v. Workers' Compensation Appeals Board (Charlotte Cumming) 3 WCAB Rptr. 10,044

CONTRIBUTION–Date of injury– Labor Code &sec;5412–The actual date of injury determines the issue of contribution. The plain meaning of the term "permanent disability" is the date the injured worker reaches the point of maximum medical improvement. An industrial injury must, of necessity, occur prior to the date the injured worker becomes permanent and stationary. By definition, the injured worker's condition must have been worse before she became permanent and stationary, and the disability must have occurred prior to the permanent and stationary date. Fremont Compensation Insurance Company v. Workers' Compensation Appeals Board (Lucy Lemp) 5 WCAB Rptr. 10,293