What the panel ordered
F&O rescinded; matter returned to trial level for further proceedings consistent with opinion.
Petition for Removal of June 1, 2022 Joint Findings and Orders granted reconsideration; decision after reconsideration issued rescinding the F&O and returning matter to trial level for further proceedings.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The Appeals Board found that the WCJ's order compelling depositions was issued without mandatory procedural due process safeguards, including proper notice and opportunity to object, thus rescinding the order and returning the matter for further proceedings.
From the decision · page 6Moreover, to the extent that section 5710 allows for depositions to be undertaken in workers' compensation proceedings, it also provides that the depositions must be undertaken "in the manner prescribed by law." (Lab. Code, § 5710(a).) This includes the issuance of the appropriate notice of deposition or subpoena prior to seeking the expenditure of the Appeals Board's time and resources via petition to compel the attendance of witnesses. (Lab. Code, § 5710; Code Civ. Proc. § 2025.010, 2025.220.) Accordingly, the F&O was obtained without the mandatory procedural steps necessary to ensure due process is afforded to all parties, and we rescind the order compelling the attendance of the witnesses at deposition, accordingly.