VIANEY VARGAS vs. SELECT STAFFING, ESIS

This case involves an applicant who invoked her Fifth Amendment right against self-incrimination during a deposition, refusing to answer questions related to her identifying information and potential prior claims. The defendant sought to bar benefits, arguing the applicant's refusal hindered discovery necessary to determine liability. The Appeals Board granted reconsideration, recognizing that while the applicant cannot be compelled to incriminate herself, she also cannot use the privilege to shield herself from providing relevant information needed for the defense. The Board remanded the case for the WCJ to determine which specific questions are directly relevant to the litigation, allowing the applicant to answer them or face potential dismissal of her claim.