Sanchez, Melanie

Defendant Travelers Casualty & Surety Co. sought reconsideration of a workers' compensation arbitrator's September 21, 2023 Findings of Fact, which determined the date of injury for Labor Code section 5500.5 liability purposes was May 13, 2009 through May 13, 2010 based on the orthopedic AME's opinion. Travelers challenged the timeliness of Hartford's 2021 contribution petition and the arbitrator's determination of the one-year liability period under sections 5500.5 and 5412, asserting the proper exposure period should be July 1, 2008 to July 1, 2009. The Appeals Board had previously granted reconsideration and issued a Notice of Intention to rescind because the arbitration record lacked transcripts of the April 24, 2023 and August 22, 2023 hearings required by WCAB Rules 10914 and 10995(c)(3). Despite being given over thirty days to file the required documents, the necessary records were never submitted. Finding it could not conduct meaningful review on an incomplete record, the Board rescinded the arbitrator's decision and returned the matter to the trial level.