ADJ20015360 — California WCAB decision

What the panel ordered

Findings and Award issued on June 4, 2024, rescinded; matter returned to arbitrator for further proceedings.

Petition for reconsideration filed by defendant City of Los Angeles regarding the Findings and Award issued by the workers' compensation arbitrator on June 4, 2024; reconsideration granted due to incomplete record; matter returned to arbitrator for further proceedings.

Read the official decision →

This docket was decided more than once. Shown here is the latest released decision; we also hold December 6, 2024.

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.

Jurisdiction / venueRemanded

The Appeals Board rescinded the arbitrator's Findings and Award due to the lack of a complete record necessary for meaningful review and due process, and returned the matter to the arbitrator for further proceedings.

From the decision · page 1We previously granted reconsideration on December 6, 2024, and issued a Notice of Intention to rescind the decision of the arbitrator in this matter (NIT) due to the lack of a complete record.

The facts that decided it

The rules the panel named

Authorities as the decision cited them, with how this panel applied each one.

Cal. Code Regs., tit. 8, § 10990(f)(3)

WCAB Rule 10990(f)(3)

Requires submission of complete record including transcript, evidence, and opinion for reconsideration review.

From the decision · page 2WCAB Rule 10990 provides that if the arbitrator does not rescind the entire order, decision or award within 15 days of receiving the petition for reconsideration per WCAB Rule 10990(f)(1) or 10990(f)(2), WCAB Rule 10990(f)(3) requires the arbitrator to submit to the Appeals Board an electric copy of the complete record of proceedings including:

Cal. Code Regs., tit. 8, § 10914

WCAB Rule 10914

Requires arbitrator to make and maintain complete record of arbitration proceedings.

From the decision · page 2WCAB 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

Due process requires meaningful consideration of merits with a complete record and well-reasoned decision.

From the decision · page 3The Appeals Board may not ignore due process for the sake of expediency. (Barri v. Workers' Comp. Appeals Bd. (2018) 28 Cal.App.5th 428, 469 [83 Cal.Comp.Cases 1643] [claimants in workers' compensation proceedings are not denied due process when proceedings are delayed in order to ensure compliance with the mandate to accomplish substantial justice]; Rucker v. Workers' Comp. Appeals Bd. (2000) 82 Cal.App.4th 151, 157-158 [65 Cal.Comp.Cases 805] [all parties to a workers' compensation proceeding retain the fundamental right to due process and a fair hearing under both the California and United States Constitutions].) "Even though workers' compensation matters are to be handled expeditiously by the Board and its trial judges, administrative efficiency at the expense of due process is not permissible." (Fremont Indem. Co. v. Workers' Comp. Appeals Bd. (1984) 153 Cal.App.3d 965, 971 [49 Cal.Comp.Cases 288]; see Ogden Entertainment Services v. Workers' Comp. Appeals Bd. (Von Ritzhoff) (2014) 233 Cal.App.4th 970, 985 [80 Cal.Comp.Cases 1].)

ADJ20015360 · February 27, 2025

What the panel ordered

What was disputed, and how it came out

The facts that decided it

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The rules the panel named

What proof carried it

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