ADJ19483147 — California WCAB decision

What the panel ordered

The Amended Findings and Award issued by the WCA on April 8, 2024, is rescinded and the matter is returned to the arbitrator for further proceedings consistent with this decision.

Petition for reconsideration of the Amended Findings and Award issued by the workers' compensation arbitrator on April 8, 2024, granted initially but later rescinded due to incomplete record; matter returned to trial level for further proceedings.

Read the official decision →

This docket was decided more than once. Shown here is the latest released decision; we also hold December 13, 2024, July 2, 2024.

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.

Reconsideration / removalDefendant prevailed

The Appeals Board found that due process requires a complete record for meaningful review and that the record was incomplete, warranting rescission and return to trial level for further proceedings.

From the decision · page 1We previously granted reconsideration on July 2, 2024, and indicated that we did not appear to have a complete record of proceedings per WCAB Rule 10990 (Cal. Code Regs., tit. 8, § 10990). Thereafter, on December 13, 2024 we issued a Notice of Intention to rescind the decision of the arbitrator in the matter (NIT) due to the lack of a complete record.

The rules the panel named

Authorities as the decision cited them, with how this panel applied each one.

Cal. Code Regs., tit. 8, 10990

WCAB Rule 10990

Requires a complete record for reconsideration review, including transcript, summary of testimony, documentary evidence, opinion rationale, and petition report.

From the decision · page 2(A) The transcript of proceedings, if any;

Labor Code 3201.5, 3201.7

Labor Code sections 3201.5 and 3201.7

Petition for reconsideration of arbitrator's decision subject to same review standards as WCJ decisions.

From the decision · page 4A petition for reconsideration of an arbitrator's decision or award made pursuant to a collective bargaining agreement per the provisions of sections 3201.5 and 3201.7 shall be subject to review by the appeals board in the same manner as provided for reconsideration of a final order, decision or award made and filed by a workers' compensation administrative law judge. (Lab. Code, § 3201.5(a)(1) and 3201.7(a)(3)(A).)

Due process under California and U.S. Constitutions

Due process requires notice, opportunity to be heard, and meaningful consideration of merits with a well-reasoned decision based on evidentiary record and law.

From the decision · page 3I. The Appeals Board may not ignore due process for the sake of expediency. (Barri v. Workers' Comp. Appeals Bd. (2018) 28 Cal.App.5th 428, 469 [83 Cal.Comp.Cases 1643] [claimants in workers' compensation proceedings are not denied due process when proceedings are delayed in order to ensure compliance with the mandate to accomplish substantial justice]; Rucker v. Workers' Comp. Appeals Bd. (2000) 82 Cal.App.4th 151, 157-158 [65 Cal.Comp.Cases 805] [all parties to a workers' compensation proceeding retain the fundamental right to due process and a fair hearing under both the California and United States Constitutions].) "Even though workers' compensation matters are to be handled expeditiously by the Board and its trial judges, administrative efficiency at the expense of due process is not permissible." (Fremont Indem. Co.

ADJ19483147 · June 19, 2025

What the panel ordered

What was disputed, and how it came out

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The facts that decided it

The rules the panel named

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