WCPanelIQ
PanelRemanded

Lewis, Michael

MICHAEL LEWIS, Applicant vs. CITY OF LOS ANGELES; permissibly self-insured, Defendant

ADJ number
ADJ19483147
Decision date
Dec 12, 2024
District office
Los Angeles
WCJ
Gilbert Katen (Arbitrator)
Claim administrator
City of Los Angeles (permissibly self-insured)
Commissioners
LISA A. SUSSMAN, DEPUTY COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: back

LC §4662LC §3201.5LC §3201.7LC §5272LC §5952CCR §10990CCR §10962CCR §10605CCR §10205.12

Summary

Defendant City of Los Angeles, permissibly self-insured, sought reconsideration of an arbitrator's March 26, 2024 Findings and Award finding applicant Michael Lewis sustained a catastrophic injury on March 5, 2019 resulting in permanent total disability. The Appeals Board granted reconsideration to study the issues but discovered the arbitration record was incomplete because the exhibits entered into evidence had not been filed in EAMS as required by WCAB Rule 10990(f)(3). The Board issued a Notice of Intention to Rescind the arbitrator's decision unless the required documents are filed within 30 days plus 5 days for mailing. The Board emphasized that meaningful review and due process require an ascertainable and adequate evidentiary record. If the documents are not filed, the decision will be rescinded and the matter returned to the arbitrator.

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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