What the panel ordered
Findings and Order of November 11, 2021 is rescinded and the matter is returned to the trial level for further proceedings.
Defendants sought reconsideration of a workers' compensation arbitrator's Findings and Order; the WCAB granted reconsideration to further study the issues and now rescinds the arbitrator's decision due to an incomplete record, returning the matter to the trial level.
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.
The record was incomplete, lacking necessary exhibits and an adequate description and organization of evidence, preventing meaningful review by the Board.
From the decision · page 3While the WCA issued the Report on December 22, 2021, filing of the arbitration file in EAMS was not completed as required by WCAB Rule 10995, as the record does not include all exhibits proffered, including, but not limited to, the Findings and Order and Opinion on Decision of November 11, 2021 of the WCA for which both parties seek reconsideration.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.