Authorities as the decision cited them, with how this panel applied each one.
Cal. Code Regs., tit. 8, 10995(c)(1)-(3)
WCAB Rule 10995
Requires arbitrator to forward report and complete arbitration file within 15 days of receiving petition for reconsideration
From the decision · page 2WCAB 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. 8, § 10995(c)(1)-(3).) WCAB Rule 10914 requires the arbitrator to make and maintain the
record of the arbitration proceeding, which must include the following:
Cal. Code Regs., tit. 8, 10914(c)
WCAB Rule 10914
Requires arbitrator to maintain complete record of arbitration proceedings including findings and report on petition for reconsideration
From the decision · page 2WCAB 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. 8, § 10995(c)(1)-(3).) WCAB Rule 10914 requires the arbitrator to make and maintain the
record of the arbitration proceeding, which must include the following:
Due process under California and U.S. Constitutions
Requires notice and opportunity to be heard; denial of due process renders decision unreasonable
From the decision · page 3The Appeals Board's constitutional requirement to accomplish substantial justice means
that the Appeals Board must protect the due process rights of every person seeking reconsideration.
(See San Bernardino Cmty. Hosp. v. Workers' Comp. Appeals Bd. (1999) 74 Cal.App.4th 928, 936
[64 Cal.Comp.Cases 986] ["essence of due process is... notice and the opportunity to be heard"];
Katzin v. Workers' Comp. Appeals Bd. (1992) 5 Cal.App.4th 703, 710 [57 Cal.Comp.Cases 230].)
In fact, "a denial of due process renders the appeals board's decision unreasonable..." and therefore
vulnerable to a writ of review. (Von Ritzhoff, supra, 233 Cal.App.4th at p. 985 citing Lab. Code,
§ 5952(a), (c).) Thus, due process requires a meaningful consideration of the merits of every case
de novo with a well-reasoned decision based on the evidentiary record and the relevant law.