CompFox AI Summary
This case involves a dispute over voluntary arbitration after a prior Workers' Compensation Appeals Board (WCAB) award. The WCJ initially denied arbitration based on WCAB Rule 10997, which generally prohibits arbitration after testimony has been taken. However, the Appeals Board granted removal, reversing the WCJ's decision. They clarified that Rule 10997 only bars arbitration for issues previously decided in a final award after testimony, allowing parties to voluntarily arbitrate any remaining, undecided issues. Therefore, the parties were permitted to proceed with arbitration for outstanding matters.
Full Decision Text1 Pages
This case involves a dispute over voluntary arbitration after a prior Workers' Compensation Appeals Board (WCAB) award. The WCJ initially denied arbitration based on WCAB Rule 10997, which generally prohibits arbitration after testimony has been taken. However, the Appeals Board granted removal, reversing the WCJ's decision. They clarified that Rule 10997 only bars arbitration for issues previously decided in a final award after testimony, allowing parties to voluntarily arbitrate any remaining, undecided issues. Therefore, the parties were permitted to proceed with arbitration for outstanding matters.
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