Manuel Ramirez — ADJ15505678

Manuel Ramirez's workers' compensation claim was subject to the Southern California UFCW and Food Employers Alternative Dispute Resolution Program (a 'carve-out' under Labor Code section 3201.5). The arbitrator issued an F&O on July 26, 2021 finding injury AOE/COE, but reserved jurisdiction on the level of permanent disability and ordered the parties to further develop the record with additional evidence from the AME or treating physician. Defendant (Vons, self-insured, adjusted by Albertsons Holdings) sought reconsideration or removal, arguing applicant failed to rebut the scheduled rating and that the arbitrator abused his discretion by ordering record development. The Board first addressed Shipley tolling, finding its failure to timely act was a procedural error that tolled the 60-day period. The Board held that while the decision contained a final threshold finding (AOE/COE), defendant only challenged the interlocutory order to develop the record, which is not a 'final' order reviewable in a carve-out case. The Board denied the petition for lack of jurisdiction over the interlocutory discovery/evidentiary order.