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Findings and Order of November 11, 2021 is rescinded and the matter is returned to the trial level for further proceedings.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.
The proffered evidence of both parties was not properly described or organized in the transcript of proceedings.
Favours neutral
This lack of organization and description prevented the Board from ascertaining what evidence was admitted or denied, precluding meaningful review.
From the decision · page 3Further, the proffered evidence of both parties is not properly described by the WCA in the transcript of proceedings by date and author, nor separately identified, separated and organized.
The arbitration file did not include all required exhibits, including the Findings and Order and Opinion on Decision of November 11, 2021.
Favours neutral
Without a complete record, the Board could not review the merits of the petitions for reconsideration.
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 rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Hamilton v. Lockheed Corporation (2001) 66 Cal.Comp.Cases 473 (en banc); Lab. Code, § 5313; Cal. Code Regs., tit. 8, § 10914; Cal. Code Regs., tit. 8, § 10995
An arbitrator's decision must be based on admitted evidence and supported by substantial evidence; the record must be adequate and complete to permit meaningful review.
The Board could not conduct meaningful review due to the incomplete record, so the decision was rescinded and remanded.
From the decision · page 3As with a workers' compensation administrative law judge (WCJ), an arbitrator's decision must be based on admitted evidence and must be supported by substantial evidence. (Hamilton v. Lockheed Corporation (Hamilton) (2001) 66 Cal.Comp.Cases 473, 476 (Appeals Board en banc).) An adequate and complete record is necessary to understand the basis for the WCJ's decision. (Lab. Code, § 5313; see also Cal. Code Regs., tit. 8, § 10566.) "It is the responsibility of the parties and the WCJ to ensure that the record is complete when a case is submitted for decision on the record. At a minimum, the record must contain, in properly organized form, the issues submitted for decision, the admissions and stipulations of the parties, and admitted evidence." (Hamilton, supra, 66 Cal.Comp.Cases at p. 475.) The WCJ's decision must "set[] forth clearly and concisely the reasons for the decision made on each issue, and the evidence relied on," so that "the parties,
What proof carried it
The evidence the panel weighed, by kind.
The record did not include all exhibits proffered, including the Findings and Order and Opinion on Decision of November 11, 2021, and the proffered evidence was not properly described or organized.
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.
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About this page
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