Balerio, Anastacio

Applicant Anastacio Balerio sought reconsideration of an ADR arbitrator's November 16, 2022 Findings and Award finding industrial injury to multiple body parts with 15% permanent disability and no temporary disability. Applicant alleged due process violations, claiming he was not allowed to cross-examine the QME and was not provided a list of mediator/arbitrators per the ADR agreement. The Appeals Board first addressed its own jurisdiction, finding that although it failed to act within 60 days, equitable tolling under Shipley applied because the petition was not received until April 12, 2023 through no fault of the parties. On the merits, the Board found the arbitration record was incomplete—missing exhibits, the disputed ADR agreement was never offered into evidence, and exhibits were mis-numbered—precluding meaningful review. The Board rescinded the F&A and returned the matter to the arbitrator for further proceedings.