WCPanelIQ
PanelQMEMed-legalGranted

Steven Moore — ADJ14302346, ADJ12376589, ADJ12373831, ADJ12975852

STEVEN MOORE, Applicant vs. BARRYS CARPET SERVICES, INC.; NATIONAL CASUALTY COMPANY administered by ILLINOIS MIDWEST INSURANCE AGENCY LLC; OAK RIVER INSURANCE COMPANY administered BY BERKSHIRE HATHAWAY HOMESTATE COMPANIES, Defendants

ADJ number
ADJ14302346, ADJ12376589, ADJ12373831, ADJ12975852
Decision date
May 10, 2026
District office
Salinas
WCJ
George Mason (Arbitrator)
Claim administrator
Illinois Midwest Insurance Agency LLC (administering National Casualty Company); Berkshire Hathaway Homestate Companies (administering Oak River Insurance Company)
Commissioners
CRAIG L. SNELLINGS, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: right shoulder, shoulders, back, right upper extremity

LC §5500.5LC §5405LC §5412LC §5277LC §5909LC §5900LC §112LC §115LC §5301LC §5901LC §5908.5LC §5950LC §5906LC §5908LC §5315LC §5701LC §5911LC §5951LC §5501.5LC §5270LC §5275LC §5272LC §5952CCR §10995CCR §10605CCR §10305CCR §10600CCR §10320CCR §10330CCR §10914CCR §10803CCR §10615CCR §10205.12

Summary

Oak River Insurance Company sought reconsideration of a workers' compensation arbitrator's December 1, 2025 Findings and Order, which found applicant Steven Moore sustained a cumulative trauma injury ending July 7, 2018, attributed 50% of benefits to cumulative trauma, and assigned Oak River 92% proportionate liability of the cumulative share despite its prior Compromise and Release. Oak River argued its 2022 C&R extinguished all liability, that National Casualty's claim was time-barred, and that the arbitrator's decision was untimely and incomplete under section 5277. The Appeals Board did not reach the merits because the arbitration record was incomplete—lacking minutes, stipulations, identified issues, exhibits, and a summary of evidence required by WCAB Rule 10914. The Board granted reconsideration and issued a Notice of Intention to rescind the arbitrator's decision unless a complete record per WCAB Rule 10995(c)(3) is filed in EAMS within 30 days (plus 5 days for mailing).

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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