Romero, Jose

Applicant Jose Romero pursued a continuous trauma claim against Integrity Rebar (insured by Alaska National) governed by the Ironworkers ADR Program, and against codefendant Walsh Shea (not in the ADR program), which proceeded before the WCAB. The ADR matter against Alaska National was resolved by a Stipulation with Request for Award in March 2021 that expressly reserved applicant's right to seek any and all unpaid benefits before the WCAB. When applicant later filed a DOR at the WCAB to collect additional benefits, Alaska National argued the WCAB lacked jurisdiction because of the ADR agreement under Labor Code section 3201.5. The WCJ found the WCAB had jurisdiction pursuant to the parties' stipulation, and the Appeals Board denied reconsideration, applying judicial estoppel and finding the stipulation binding. The Board also addressed equitable tolling of the section 5909 60-day period because it had lost the petition through clerical error.