WCPanelIQ
PanelGranted

Alvarado, Paul

PAUL ALVARADO, Applicant vs. CITY OF LOS ANGELES, permissibly self-insured, Defendant

ADJ number
ADJ20015360
Decision date
Dec 5, 2024
District office
Los Angeles
WCJ
Mark Kahn (Arbitrator)
Claim administrator
City of Los Angeles (permissibly self-insured)
Commissioners
JOSEPH V. CAPURRO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER
LC §112LC §115LC §3201.5LC §3201.7LC §5272LC §5301LC §5315LC §5701LC §5900LC §5901LC §5903LC §5906LC §5908LC §5908.5LC §5909LC §5911LC §5950LC §5951LC §5952CCR §10205.7CCR §10205.12CCR §10206.3CCR §10305CCR §10320CCR §10330CCR §10600CCR §10605CCR §10615CCR §10617CCR §10940CCR §10962CCR §10990

Summary

Defendant City of Los Angeles sought reconsideration of a June 4, 2024 decision by a workers' compensation arbitrator (WCA) issued under a carve-out collective bargaining agreement pursuant to Labor Code section 3201.7. Defendant emailed the petition to the Appeals Board's arbitration mailbox rather than properly filing it in EAMS, which is prohibited under the rules, but the Board exercised discretion to accept it as timely filed. The Board addressed its jurisdiction under amended section 5909, finding the case was transmitted on November 19, 2024 and the decision was timely issued within 60 days. Because no complete record of proceedings as required by WCAB Rule 10990(f)(3) was filed, the Board could not conduct meaningful review. The Board granted the petition and issued a Notice of Intention to rescind the arbitrator's decision unless the required documents are filed in EAMS within 30 days (plus 5 days for mailing).

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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