De Leon, Brenda

Applicant Brenda De Leon settled a cumulative trauma claim against Robinson Pharma via Compromise and Release, with Great American (Strategic Comp) reserving its right to seek contribution from Cypress Insurance (Berkshire Hathaway). Great American filed a Petition for Contribution that went to arbitration, where the arbitrator found a date of injury of November 7, 2021 (liability period November 7, 2020 to November 7, 2021), found Cypress had no coverage during that period, and denied contribution. After the Appeals Board previously rescinded the arbitrator's first decision for lack of a proper record on May 29, 2025, the arbitrator issued an Amended Findings and Order on July 21, 2025 with the same result. The Board granted reconsideration and issued a Notice of Intention to rescind, finding the record again incomplete (missing minutes, pleadings, and a summary of evidence) and raising due process concerns. The Board ordered that unless a complete arbitration record per WCAB Rule 10995(c)(3) is filed in EAMS within 30 days (plus 5 for mailing), the arbitrator's decision will be rescinded and returned for further proceedings.