Lewis v. Arlie Rogers & Sons (2003) 69 Cal.Comp.Cases 490
A decision must be based on an ascertainable and adequate record, including an orderly identification of the evidence submitted and what evidence is admitted or denied admission.
The Board could not review the arbitrator's decision because the record was incomplete and not adequately organized.
From the decision · page 5As 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).)
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." (Id.;
Hamilton v. Lockheed Corporation (2001) 66 Cal.Comp.Cases 473 (en banc)
An arbitrator's decision must be based on admitted evidence and supported by substantial evidence.
The Board could not determine if the arbitrator's decision was supported by substantial evidence due to the incomplete record.
From the decision · page 5As 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).)
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." (Id.;