What the panel ordered
F&O rescinded; matter returned to trial level for further proceedings consistent with opinion.
Petition for Removal of June 1, 2022 Joint Findings and Orders granted reconsideration; decision after reconsideration issued rescinding the F&O and returning matter to trial level for further proceedings.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The Appeals Board found that the WCJ's order compelling depositions was issued without mandatory procedural due process safeguards, including proper notice and opportunity to object, thus rescinding the order and returning the matter for further proceedings.
From the decision · page 6Moreover, to the extent that section 5710 allows for depositions to be undertaken in workers' compensation proceedings, it also provides that the depositions must be undertaken "in the manner prescribed by law." (Lab. Code, § 5710(a).) This includes the issuance of the appropriate notice of deposition or subpoena prior to seeking the expenditure of the Appeals Board's time and resources via petition to compel the attendance of witnesses. (Lab. Code, § 5710; Code Civ. Proc. § 2025.010, 2025.220.) Accordingly, the F&O was obtained without the mandatory procedural steps necessary to ensure due process is afforded to all parties, and we rescind the order compelling the attendance of the witnesses at deposition, accordingly.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
No deposition notice or subpoena was issued before applicant's petition to compel depositions.
Favours Defendant prevailed
This procedural failure deprived defendant of due process rights and led to rescission of the F&O.
From the decision · page 6We agree. The current proceedings were initiated by applicant's November 19, 2020 petition seeking to compel the attendance of two witnesses at deposition. However, the record reflects neither deposition notice nor subpoena issued prior to the applicant's petition, thus depriving defendant of the attendant due process considerations of notice and the opportunity to object to the underlying depositions in the first instance. (San Bernardino Cmty. Hosp. v. Workers' Comp. Appeals Bd. (McKernan) (1999) 74 Cal.App.4th 928, 936 [64 Cal.Comp.Cases 986] ["essence of due process is simply notice and the opportunity to be heard"].)
What the panel did with the medical opinions
The role the physician served, and the weight the opinion carried. Physicians are named here as the decision names them; we do not score them.
Evaluated applicant and issued multiple reports including apportionment opinions related to dates of injury.
From the decision · page 2The parties have selected Neil J. Halbridge, M.D., as the Agreed Medical Evaluator (AME) in orthopedic medicine. Dr. Halbridge has evaluated applicant and issued multiple reports.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Labor Code Section 5710; Code of Civil Procedure Sections 2025.010, 2025.220
Depositions in workers' compensation proceedings must be undertaken in the manner prescribed by law, including issuance of deposition notice or subpoena prior to compelling attendance.
The F&O was rescinded because it was obtained without compliance with these procedural requirements.
From the decision · page 6Moreover, to the extent that section 5710 allows for depositions to be undertaken in workers' compensation proceedings, it also provides that the depositions must be undertaken "in the manner prescribed by law." (Lab. Code, § 5710(a).) This includes the issuance of the appropriate notice of deposition or subpoena prior to seeking the expenditure of the Appeals Board's time and resources via petition to compel the attendance of witnesses. (Lab. Code, § 5710; Code Civ. Proc. § 2025.010, 2025.220.) Accordingly, the F&O was obtained without the mandatory procedural steps necessary to ensure due process is afforded to all parties, and we rescind the order compelling the attendance of the witnesses at deposition, accordingly.
What proof carried it
The evidence the panel weighed, by kind.
No deposition notice or subpoena issued prior to petition to compel depositions, depriving defendant of due process.
From the decision · page 6We agree. The current proceedings were initiated by applicant's November 19, 2020 petition seeking to compel the attendance of two witnesses at deposition. However, the record reflects neither deposition notice nor subpoena issued prior to the applicant's petition, thus depriving defendant of the attendant due process considerations of notice and the opportunity to object to the underlying depositions in the first instance. (San Bernardino Cmty. Hosp. v. Workers' Comp. Appeals Bd. (McKernan) (1999) 74 Cal.App.4th 928, 936 [64 Cal.Comp.Cases 986] ["essence of due process is simply notice and the opportunity to be heard"].)
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About this page
- A published decision of the California Workers' Compensation Appeals Board, taken apart by what it turned on. The Board publishes the decision itself; this page adds the extraction and quotes the passage behind every claim.
- The injured worker is not named here, and the case caption is not printed. Physicians appear as the decision names them, because a medical opinion is an act in a public proceeding.
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