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PanelRemanded

Harms, Theodor

THEODOR HARMS, Applicant vs. CAST & CREW ENTERTAINMENT SERVICES, INC., ZURICH NORTH AMERICA; ENTERTAINMENT PARTNERS, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA administered by AIG CLAIMS, INC., Defendants

ADJ number: ADJ4433060
Decision date: Aug 27, 2024
District office: Marina del Rey
WCJ: Mark Polan (Arbitrator)
Claim administrator: AIG Claims, Inc. (administering Insurance Company of the State of Pennsylvania); Zurich North America
Commissioners: JOSÉ H. RAZO, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER

LC §5909LC §3202LC §5901LC §5950LC §5952LC §5313CCR §10995CCR §10914CCR §10566

Summary

Defendant CCSI sought reconsideration of an arbitrator's June 10, 2021 Findings and Award ordering it to contribute $55,563.54 to Entertainment Partners on a meritorious contribution petition. The petition was timely filed June 30, 2021, but the Appeals Board did not receive notice until August 3, 2022, so the Board held its 60-day time to act under Labor Code section 5909 was equitably tolled under Shipley. On the merits, the Board found the arbitration record incomplete because the file lacked a summary of evidence, minutes of proceedings, and proper identification of exhibits, as required by WCAB Rules 10914 and 10995. Because it could not conduct meaningful review of an arbitrator's decision absent an adequate and complete record, the Board rescinded the F&A and returned the matter to the arbitrator.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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Similar decisions

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