CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) rescinded an arbitrator's award because the arbitration proceedings lacked a proper record, violating Labor Code sections requiring findings on all facts and compliance with case record standards. The WCAB returned the matter for further proceedings to ensure a complete record is created, adhering to due process principles and established case law. If a compliant record cannot be created, the case will be remanded for a new arbitrator selection. The parties sought reconsideration of the original award, which found Travelers' insurance to be "other insurance" and held them liable for the applicant's injury, ordering CIGA's dismissal.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) rescinded an arbitrator's award because the arbitration proceedings lacked a proper record, violating Labor Code sections requiring findings on all facts and compliance with case record standards. The WCAB returned the matter for further proceedings to ensure a complete record is created, adhering to due process principles and established case law. If a compliant record cannot be created, the case will be remanded for a new arbitrator selection. The parties sought reconsideration of the original award, which found Travelers' insurance to be "other insurance" and held them liable for the applicant's injury, ordering CIGA's dismissal.
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