Pollock, Robert

Defendant Alaska National sought reconsideration of an April 4, 2024 Findings and Award issued by a carve-out arbitrator (WCA Mark Kahn), arguing that its due process rights were violated when the arbitrator refused to continue the arbitration to allow review of over 800 pages of records provided to Dr. Bakshian, that the medical reporting of Drs. Segil and Tirmizi was not substantial medical evidence, that the post-termination defense should have barred the claim, and that temporary disability was improperly awarded. The Appeals Board found that although it received the F&A, Petition, Answer, Report, and some medical documents, the arbitrator had not submitted a complete electronic copy of the record of proceedings as required by WCAB Rule 10990(f)(3). Without the complete record, the Board determined it could not conduct meaningful review or render a decision on the merits. The Board granted reconsideration to allow sufficient opportunity to study the factual and legal issues and to obtain a complete record. The Board reserved the right to rescind the arbitrator's decision and return the matter to the arbitrator if the required documents were not filed within a reasonable time.