Pereira, Jose Franklin

Jose Franklin Pereira sought reconsideration of a November 21, 2025 arbitrator's Findings and Order that found he did not sustain a cumulative industrial injury during his employment as a janitor for Servicon Systems from January 1, 2006 to November 16, 2023. The Appeals Board found it could not conduct meaningful review because the arbitration record transmitted to it was virtually empty—containing only the Petition for Reconsideration and the Answer, with no minutes, stipulations, issues, exhibits, or summary of evidence as required by WCAB Rule 10914. The Board granted reconsideration and issued a Notice of Intention to rescind the arbitrator's decision unless the complete record required by Rule 10995(c)(3) is filed in EAMS within 30 days (plus 5 days for mailing). The Board also addressed timeliness under amended Labor Code section 5909, noting the case was transmitted January 7, 2026, and that no Report and Recommendation or notice of transmission was provided, meaning the parties were not given actual notice of the 60-day period commencement.