Antonio Guzman worked as a rebar ironworker for Harris Rebar Northern California for approximately 25 years. The work was physically grueling by any measure — Guzman testified that his daily duties amounted to carrying and bending tons of rebar, with individual rods sometimes weighing over 100 pounds. He filed a workers’ compensation claim for continuing trauma injuries sustained over that career, alleging damage to his low, thoracic, and cervical spine, bilateral knees, shoulders, hips, wrists, a psychiatric injury, and hearing loss.
The case was tried before a workers’ compensation arbitrator (WCA). The employer’s insurer, BITCO Insurance/Old Republic General Insurance (administered by Gallagher Bassett Services), presented a report of a QME, Dr. Charles Xeller, who found injury limited to the left knee, low back, neck, and bilateral shoulders. Guzman was evaluated by his own physicians, Dr. Henri and Dr. Newton (an agreed medical evaluator in neurology), who found a broader range of industrial injuries consistent with his complaints. On the question of vocational rehabilitation and permanent disability, the defense argued that Guzman possessed transferable skills — pointing to his claimed GED, bilingual ability, and smartphone use — and that apportionment to non-industrial factors was appropriate, including a 40% apportionment of his hearing loss to age-related presbycusis.
On January 15, 2026, the arbitrator issued a Findings and Award in Guzman’s favor on virtually every disputed issue. The arbitrator found: (1) all claimed body parts, including the thoracic spine, right knee, bilateral hips, bilateral wrists, and psychiatric injury, were industrially caused; (2) permanent disability was 100%; (3) there was no valid apportionment to non-industrial factors; (4) Guzman was entitled to future medical care; (5) outstanding medical bills were the defendant’s responsibility; and (6) his attorney was entitled to a 15% fee.
The defendants Petitioned for Reconsideration. In his Report on Reconsideration, the arbitrator was plainly skeptical of the defense’s position, describing as absurd the notion that 25 years of heavy ironwork would injure only selected body parts and not others. He also dismissed the defense’s transferable-skills arguments point by point: Guzman’s claimed GED was unsupported by any certificate or documentation; his “bilingual” ability amounted to a limited capacity to understand — not speak — English; his smartphone use consisted of making calls and playing games downloaded by his daughter; and when defense counsel asked whether his job required critical thinking, Guzman answered that when you spend hours carrying rebar on your shoulders, “I don’t think you need too much thinking.” The arbitrator recommended that reconsideration be denied.
The Workers’ Compensation Appeals Board granted the defendant’s Petition for Reconsideration in the panel decision of Guzman v. Harris Rebar Northern California; BITCO Insurance/Old Republic General Insurance, -ADJ12909831; -ADJ12910091 (May 2025). However the WCAB panel expressly stated that this was not a final decision on the merits. The Board deferred issuance of a final decision pending further review of the record and applicable law.
The Board’s decision to grant reconsideration rested on procedural and record-completeness grounds, not on any disagreement with the arbitrator’s substantive findings.
The central reason for granting reconsideration was that the arbitration record forwarded to the Board was materially incomplete. Citing WCAB Rule 10914 (Cal. Code Regs., tit. 8, § 10914(c)), the Board identified five categories of required documents that were missing: minutes of the arbitration proceedings; pleadings, briefs, and responses filed by the parties; a clear identification of exhibits offered and any objections thereto; the parties’ stipulations and the issues submitted for decision; and the arbitrator’s summary of evidence with evidentiary rulings. Only the transcript of the November 18, 2025 hearing had been received.
The Board emphasized that meaningful review of an arbitrator’s decision requires an “ascertainable and adequate record,” including an orderly identification of what evidence was submitted, admitted, or excluded — relying on Lewis v. Arlie Rogers & Sons (2003) 69 Cal.Comp.Cases 490, 494, and Hamilton v. Lockheed Corporation (2001) 66 Cal.Comp.Cases 473, 476 (Appeals Board en banc). Without such a record, the Board stated it could not evaluate whether the arbitrator’s findings were supported by substantial evidence, the governing standard under Braewood Convalescent Hospital v. Workers’ Compensation Appeals Board (Bolton) (1983) 34 Cal.3d 159, 164 [48 Cal.Comp.Cases 566], and Escobedo v. Marshalls (2005) 70 Cal.Comp.Cases 604, 621 (Appeals Board en banc).
The Board underscored that administrative efficiency cannot come at the cost of due process, citing Fremont Indemnity Co. v. Workers’ Compensation Appeals Board (1984) 153 Cal.App.3d 965, 971 [49 Cal.Comp.Cases 288], and Ogden Entertainment Services v. Workers’ Compensation Appeals Board (Von Ritzhoff) (2014) 233 Cal.App.4th 970, 985 [80 Cal.Comp.Cases 1]. Every party seeking reconsideration is entitled to a meaningful, de novo consideration of the merits based on the evidentiary record and applicable law.
Finally, the Board noted that granting reconsideration has the effect of reopening the entire record — not just the issues raised in the petition — citing Great Western Power Co. v. Industrial Accident Commission (Savercool) (1923) 191 Cal. 724, 729 [10 I.A.C. 322]. The Board retains full authority under Labor Code section 5803 to rescind, alter, or amend any order or award for good cause at any time.