Authorities as the decision cited them, with how this panel applied each one.
Cal. Code Regs., tit. 8, § 10618(a)
If a witness intends to testify electronically, a petition showing good cause shall be filed before the hearing (CCR 10618(a)).
Defense did not file a petition showing good cause for remote testimony, so request was denied.
From the decision · page 4***
The WCJ did not permit Trish Zuro to testify by telephone because the Chicago
Dogs did not file a petition before the trial, showing good cause for why she should
be allowed to testify remotely. Per CCR 10618(a), "If a witness intends to testify
electronically, a petition showing good cause shall be filed pursuant to rule 10510
by the witness or by the party offering the witness's testimony before the hearing,
and shall identify the witness and contain the witness's full legal name, mailing
address, email address, and telephone number."3 There was no such petition
requesting remote appearance filed in this matter.
Fox v. Workers' Comp. Appeals Bd. (1992) 4 Cal.App.4th 1196; Kuykendall v. Workers' Comp. Appeals Bd. (2000) 79 Cal.App.4th 396
Policy favors hearing on the merits; requests for electronic testimony should be readily permitted as a matter of due process.
Denial of remote testimony may violate due process and policy favoring adjudication on the merits.
From the decision · page 7It is the policy of the law to favor, whenever possible, a hearing on the merits. (Fox v.
Workers' Comp. Appeals Bd. (1992) 4 Cal.App.4th 1196, 1205 [57 Cal.Comp.Cases 149]; see also
Shamblin v. Brattain (1988) 44 Cal.3d 474, 478 [243 Cal. Rptr. 902] ("when a party in default
moves promptly to seek relief, very slight evidence is required to justify a trial court's order setting
aside a default.") This is particularly true in workers' compensation cases, where there is a
constitutional mandate "to accomplish substantial justice in all cases." (Cal. Const., art. XIV, § 4.)
Cal. Code Regs., tit. 8, § 10817(a)
A request on the record for electronic witness testimony at the beginning of the hearing, with opportunity for response, satisfies the petition requirement.
Board preliminarily concludes that on-record requests may suffice for electronic testimony.
From the decision · page 108, § 10515.) The principles of liberal pleading and amendment of pleadings to conform to proof
outlined above mean that any petition should be considered on its merits and not based on its title.
In considering the application of WCAB Rule 10817(c), we preliminarily conclude that
a request on the record for electronic witness testimony at the beginning of the hearing, with an
opportunity for any party to respond, satisfies the petition requirement and is sufficient to
adjudicate the issue of electronic testimony. Moreover, we preliminarily conclude that the due
process right to a fair hearing and a determination based on the merits is good cause to allow
the electronic testimony of the witness. Therefore, when a witness is unable to appear in person,
as a matter of due process, a request to testify electronically should be readily permitted.