ADJ13930082 · May 4, 2026

The petition was granted because the record was incomplete, preventing meaningful review and due process, requiring rescission and remand for further proceedings.

From the decision · page 1We previously granted reconsideration on March 6, 2026, and issued a Notice of Intention (NIT) to rescind the decision of the workers' compensation arbitrator (WCA) in this matter due to lack of a complete record.

Requested documents including minutes, pleadings, exhibits, stipulations, and evidentiary rulings were not filed despite notice and opportunity.

Favours Applicant prevailed

This prevented the Appeals Board from conducting meaningful review and rendering a decision based on a complete record, necessitating rescission and remand.

From the decision · page 2On March 6, 2026, we granted the Petition and issued a NIT which indicated that the F&O would be rescinded unless the documents required under WCAB Rule 10995(c)(3) were filed in the Electronic Adjudication Management System (EAMS) within thirty (30) days after service of the NIT, plus an additional five (5) days for mailing, in accordance with WCAB Rule 10605 (Cal. Code Regs., tit. 8, § 10605). We advised that the record did not contain minutes from arbitration proceedings scheduled after July 15, 2025; pleadings, petitions, objections, briefs and responses filed with the WCA; exhibits offered and any objections thereto; stipulations and issues; and the WCA's summary of evidence including evidentiary rulings or a description of admitted exhibits, all of which are required under WCAB Rule 10914. (Cal. Code Regs., tit. 8, § 10914.)

Cal. Code Regs., tit. 8, 10995(c)(1)-(3)

WCAB Rule 10995

Requires arbitrator to forward complete arbitration file within 15 days after receiving petition for reconsideration.

From the decision · page 2As stated in our March, 6, 2026 Opinion and Order Granting Petition for Reconsideration (O&O), 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. 8, § 10995(c)(1)-(3).) (emphasis added.)

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

WCAB Rule 10914

Requires arbitrator to maintain complete record of arbitration proceedings including orders, notices, stipulations, evidence summaries, and transcripts.

From the decision · page 2WCAB Rule 10914 requires the arbitrator to make and maintain the record of arbitration proceedings, which must include the following:

case

Hamilton v. Lockheed Corporation (2001) 66 Cal.Comp.Cases 473, 476 (Appeals Bd. en banc)

Decision must be based on admitted evidence and supported by substantial evidence.

From the decision · page 3Aside from the above requirements, any decision issued by an arbitrator must be based on admitted evidence and supported by substantial evidence. (Hamilton v. Lockheed Corporation (Hamilton) (2001) 66 Cal.Comp.Cases 473, 476 (Appeals Bd. en banc).) Meaningful review of an arbitrator's decision requires that the "decision be based on an ascertainable and adequate record," including "an orderly identification in the record of the evidence submitted by a party; and what evidence is admitted or denied admission." (Lewis v. Arlie Rogers & Sons (2003) 69 Cal.Comp.Cases 490, 494, emphasis in original.) "An organized evidentiary record assists an arbitrator in rendering a decision, informs the parties what evidence will be utilized by the arbitrator in making a determination, preserves the rights of parties to object to proffered evidence, and affords meaningful review by the Board, or reviewing tribunal." (Ibid.; see also Evans v. Workmen's Comp. Appeals Bd. (1968) 68 Cal.2d 753 [a full and complete record allows for a meaningful right of reconsideration].)

lack of complete record including minutes, pleadings, exhibits, stipulations, and evidentiary rulings

From the decision · page 2On March 6, 2026, we granted the Petition and issued a NIT which indicated that the F&O would be rescinded unless the documents required under WCAB Rule 10995(c)(3) were filed in the Electronic Adjudication Management System (EAMS) within thirty (30) days after service of the NIT, plus an additional five (5) days for mailing, in accordance with WCAB Rule 10605 (Cal. Code Regs., tit. 8, § 10605). We advised that the record did not contain minutes from arbitration proceedings scheduled after July 15, 2025; pleadings, petitions, objections, briefs and responses filed with the WCA; exhibits offered and any objections thereto; stipulations and issues; and the WCA's summary of evidence including evidentiary rulings or a description of admitted exhibits, all of which are required under WCAB Rule 10914. (Cal. Code Regs., tit. 8, § 10914.)