Trejo, Saul

Saul Trejo sought reconsideration of an arbitrator's Findings and Order finding he did not sustain industrial injury AOE/COE, that defendant had no liability for self-procured medical treatment, and that there were no funds for attorney's fees. The Appeals Board first addressed a procedural jurisdictional issue: the petition was filed in October 2021 but the Board did not receive and process it until May 2022, exceeding the 60-day period under former Labor Code section 5909. Applying Shipley and equitable tolling principles, the Board found its time to act was tolled until 60 days after May 18, 2022, making its July 18, 2022 grant timely. On the merits, the Board found the arbitration record was incomplete because, while it received the arbitration transcript, the documentary evidence submitted by the parties was missing, preventing meaningful review. The Board rescinded the F&O and returned the matter to the arbitrator for further proceedings consistent with a complete record.