ADJ2548586 · April 3, 2025

The decision was rescinded due to lack of a complete record, preventing meaningful review of the timeliness and liability period issues.

From the decision · page 1We previously granted reconsideration on November 25, 2024, and issued a Notice of Intention to rescind the decision of the arbitrator in this matter (NIT) due to the lack of a complete record.

The arbitration record was incomplete, lacking transcripts and necessary documents for review.

Favours neutral

Without a complete record, the Appeals Board could not conduct meaningful review or render a decision on the merits.

From the decision · page 2To date, such requested and required documentation has not been filed. Based on our review of the limited submitted record, and for the reasons discussed below, we will rescind the Findings and return the matter to the arbitrator due to lack of a proper record. When the WCA issues a new decision, any aggrieved person may timely seek reconsideration. WCAB Rule 10995 provides that if the arbitrator does not rescind the order, decision or award within 15 days of receiving the petition for reconsideration, the arbitrator is required to forward an electronic copy of their report and the complete arbitration file within 15 days after receiving the petition for reconsideration pursuant to WCAB Rule 10995(c)(3). (Cal. Code Regs., tit.

Found the date of injury for Labor Code section 5500.5 liability to be May 13, 2009 through May 13, 2010.

From the decision · page 1Defendant Travelers Casualty & Surety Co. (Travelers) seeks reconsideration of the Findings of Fact (Findings) issued by a workers' compensation arbitrator (WCA) on September 21, 2023, wherein the WCA found that the date of injury in this matter for the purposes of Labor Code1 section 5500.5 liability is May 13, 2009 through May 13, 2010 in accordance with orthopedic agreed medical examiner Dr. Alexander Angerman. The WCA bifurcated the issue of actual amounts of contribution/reimbursement between the parties.

Cal. Code Regs., tit. 8, 10995(c)(3)

WCAB Rule 10995(c)(3)

Requires filing of complete arbitration record for reconsideration review.

From the decision · page 2On November 25, 2024 we granted the Petition and issued a Notice of Intention (NIT) that the September 21, 2023 decision by the WCA will be rescinded unless the required documents per WCAB Rule 10995(c)(3) are filed in the Electronic Adjudication Management System (EAMS) within thirty (30) days after service of this decision, plus an additional five (5) days for mailing per WCAB Rule 10605 (Cal. Code Regs., tit. 8, § 10605).

Cal. Code Regs., tit. 8, 10914(c)

WCAB Rule 10914

Specifies required contents of arbitration record for meaningful review.

From the decision · page 28, § 10995(c)(1)-(3).) (emphasis added.) WCAB Rule 10914 requires the arbitrator to make and maintain the record of the arbitration proceeding, which must include the following: (1) Order Appointing Arbitrator; (2) Notices of appearance of the parties involved in the arbitration; (3) Minutes of the arbitration proceedings, identifying those present, the date of the proceeding, the disposition and those served with the minutes or the identification of the party designated to serve the minutes; (4) Pleadings, petitions, objections, briefs and responses filed by the parties with the arbitrator; (5) Exhibits filed by the parties; (6) Stipulations and issues entered into by the parties;