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Case No. ADJ8647584
Regular
Jun 07, 2017

Antonio Vargas vs. Darrell Becker, Becker Construction, Ace Private Risk Services, ESIS, Miguel Quintero

The Appeals Board affirmed a WCJ's finding that Antonio Vargas sustained industrial injury to his bilateral wrists while employed as a painter/helper. The Board found no error in admitting Vargas's remote testimony via FaceTime from Mexico, considering his deportation established his unavailability. Testimony from Aida Higuera, mother of Vargas's children, was also deemed admissible to confirm his identity, as the need arose after the pre-trial conference. However, the issue of injury to other body parts was deferred for further proceedings due to insufficient evidence.

Remote TestimonyFaceTimeDue ProcessEvidence Code 240Labor Code 5502(d)(3)Pretrial Conference StatementUnavailabilityPerjuryFederal Rules of Civil ProcedureLabor Code 5710
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