WCPanelIQ
PanelRemanded

Pollock, Robert

ROBERT POLLOCK, Applicant vs. INTEGRITY REBAR PLACERS, INC.; ALASKA NATIONAL INSURANCE COMPANY, Defendants

ADJ number
ADJ19257864
Decision date
Date unavailable
District office
Los Angeles
WCJ
Mark Kahn
Claim administrator
Alaska National Insurance Company
Commissioners
JOSEPH V. CAPURRO, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR
LC §3201.5LC §3201.7LC §5952CCR §10990CCR §10914CCR §10962

Summary

Defendant Alaska National sought reconsideration of a Findings and Award issued by a workers' compensation arbitrator (WCA) on April 4, 2024, arising from an arbitration under the carve-out/arbitration provisions of the Labor Code. Defendant alleged due process violations (refusal to continue the arbitration to review over 800 pages of records provided to Dr. Bakshian, and untimely service of records and supplemental reporting), that the reports of Dr. Segil and Dr. Tirmizi were not substantial medical evidence, and that the WCA erred in awarding temporary disability and in failing to apply the post-termination defense. The Appeals Board found it could not conduct meaningful review because the WCA failed to submit a complete record of proceedings as required by WCAB Rules 10990 and 10914—the record lacked applicant's deposition transcript, Dr. Bakshian's reports, most of applicant's exhibits, and all of defendant's exhibits. The Board rescinded the F&A and returned the matter to the arbitrator for further proceedings.

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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