George Wilson

George Wilson claimed industrial back injuries on August 12, 1994 and June 6, 1995 while employed at Centinela Hospital Medical Center. The parties agreed to mandatory arbitration before Arbitrator Steven Dewberry on the sole issue of defendant's appeal of the Rehabilitation Unit's November 5, 1996 determination that applicant was a qualified injured worker (QIW). The matter was submitted for decision on March 13, 1998, making April 13, 1998 the thirtieth-day deadline under Labor Code section 5277(a), but the arbitrator's Findings and Award did not issue until June 8, 1998, well beyond the statutory period. The WCAB granted reconsideration, holding that the untimely decision violated section 5277(e), which requires vacating the submission order and all stipulations and forfeiting the arbitrator's fee absent an explicit agreement by all parties to extend the deadline. The Board rescinded the award and returned the matter to the presiding WCR for reassignment, declining to reach the merits of the QIW dispute.