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The Workers' Compensation Appeals Board rescinded an arbitrator's decision and returned the case to the trial level for a new arbitrator selection. This action was taken because the original arbitrator was unavailable, failed to provide the arbitration file, and recused himself due to medical issues. The Appeals Board requires a complete record to properly review petitions for reconsideration. Therefore, the case must be reheard to ensure a just and reasoned decision.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board rescinded an arbitrator's decision and returned the case to the trial level for a new arbitrator selection. This action was taken because the original arbitrator was unavailable, failed to provide the arbitration file, and recused himself due to medical issues. The Appeals Board requires a complete record to properly review petitions for reconsideration. Therefore, the case must be reheard to ensure a just and reasoned decision.
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