CompFox AI Summary
The case involves a Petition for Removal filed by lien claimant The Dental Trauma Center Hawthorne against a WCJ's order allowing remote testimony for defense witnesses in a lien trial. The lien claimant argued potential prejudice and irreparable harm, while the defendant submitted an answer and the WCJ recommended denying removal. The Appeals Board found that due process requires a sufficient record for meaningful review, which was absent as no documentary record of the parties' arguments regarding the remote testimony order was made. Consequently, the Board granted the Petition for Removal, rescinded the WCJ's order, and returned the matter to the trial level for further proceedings.
Full Decision Text1 Pages
The case involves a Petition for Removal filed by lien claimant The Dental Trauma Center Hawthorne against a WCJ's order allowing remote testimony for defense witnesses in a lien trial. The lien claimant argued potential prejudice and irreparable harm, while the defendant submitted an answer and the WCJ recommended denying removal. The Appeals Board found that due process requires a sufficient record for meaningful review, which was absent as no documentary record of the parties' arguments regarding the remote testimony order was made. Consequently, the Board granted the Petition for Removal, rescinded the WCJ's order, and returned the matter to the trial level for further proceedings.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.