MARTIN AGUILAR vs. ANTON SEITZ DBA KARLS CUSTOM SASH AND DOORS, OAK RIVER INSURANCE COMPANY DBA BERKSHIRE HATHAWAY HOMESTATE COMPANIES
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 Consequently, the Board granted the Petition for Removal, rescinded the WCJ's order, and returned the matter to the trial level for further proceedings.