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PanelRemanded

Bustos, Gisela

GISELA BUSTOS, Applicant vs. ABM INDUSTRIES INC.; permissibly self-insured, administered by ESIS, Defendants

ADJ number: ADJ13552142
Decision date: Jul 23, 2024
District office: Santa Ana
WCJ: Linda Davidson-Guerra
Claim administrator: ESIS
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, CRAIG SNELLINGS, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: back, left arm, left leg, left knee

LC §3600LC §3201.5LC §3201.7LC §5313LC §5952CCR §10990CCR §10914CCR §10962CCR §10566

Summary

Applicant Gisela Bustos sought reconsideration of an arbitrator's (WCA) Findings and Order finding she did not sustain injury AOE/COE to her back, left arm, left leg, and left knee during a cumulative trauma period, and that her claim was barred by the post-termination defense under Labor Code section 3600(a)(10). The Appeals Board granted reconsideration to study the issues but found that the arbitrator failed to submit a complete record, including the transcript of proceedings, submitted evidence, and identification of stipulations, exhibits, and issues. Citing Hamilton and due process principles, the Board held it could not conduct meaningful review on an incomplete record. The Board rescinded the F&O and returned the matter to the trial level for further proceedings, allowing any aggrieved party to seek reconsideration once a new decision issues.

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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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.