Raul Ornelas — ADJ6437738

Applicant Raul Ornelas sustained a lumbar spine injury on February 22, 2008 while working as a laborer for the City of Los Angeles. After prior Awards (7% PD in 2010, increased to 63% in 2014) and a future medical award, an arbitrator issued a November 29, 2023 decision finding the matter subject to WCAB jurisdiction rather than ADR for enforcing future medical and litigating retroactive home health care issues. Applicant sought reconsideration, arguing the ADR program retained jurisdiction and that the parties were bound by their stipulation that Dr. Heskiaoff would determine home health care needs. The Appeals Board granted reconsideration, applying equitable tolling under Shipley because the petition was not transmitted to or received by the Board within the statutory 60-day period through no fault of the parties. Because the record lacked transcripts, evidence, minutes, and identification of stipulations/exhibits required for meaningful review, the Board issued a Notice of Intention to rescind the arbitrator's decision unless required documents per Rule 10990(f)(3) are filed in EAMS within 30 days (plus 5 for mailing).