Scott McNally — ADJ16306548

Scott McNally, a union electrician for Taft Electric Company, claimed a cumulative trauma injury (November 12, 2020 to November 12, 2021) to his neck, back, and bilateral feet, which Gallagher Bassett denied. Because his employment was governed by a NECA/IBEW collective bargaining agreement, his claim was subject to an Administrative Director-approved ADR carve-out program under Labor Code section 3201.5. After the WCJ found the WCAB lacked jurisdiction except as an appeal from an ADR arbitrator's ruling, applicant sought reconsideration arguing the program was facially invalid and invalid as applied, and that the ombudsman failed his duties and had conflicts of interest. The Appeals Board found the ADR program facially valid under Costa v. WCAB, concluded it lacked jurisdiction over the as-applied challenge because applicant never properly maintained or sought review within the ADR forum (having failed to timely request a QME), and denied reconsideration.