What the panel ordered
The Findings and Order issued by the WCA on or about September 30, 2021 is rescinded and the matter is returned to the trial level for further proceedings.
Applicant sought reconsideration of a Findings and Order issued by a workers' compensation arbitrator on or about September 30, 2021. The WCAB granted reconsideration to further study the issues and ultimately rescinded the arbitrator's decision due to lack of a proper record, returning the matter to the trial level.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 Appeals Board could not conduct meaningful review or render a decision based on an incomplete record, as the record did not include the challenged decision or identification of stipulations, exhibits, and issues at trial.
From the decision · page 3Here, the WCA issued the Report dated December 8, 2021, however, the record does not include the decision that is challenged by applicant. Moreover, the record does not contain any identification of the stipulations, exhibits, and issues at trial.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.