What the panel ordered
Petition for Removal granted; Order Denying Motion to Quash Deposition rescinded; matter returned to WCJ for further proceedings.
Petition for Removal of Order Denying Motion to Quash Deposition filed by applicant, seeking review of WCJ's denial of the motion.
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The WCJ's order was rescinded due to insufficient record to evaluate the motion and failure to comply with procedural requirements, warranting removal and further proceedings.
From the decision · page 3The issue that we face on removal is that there is an insufficient record to evaluate applicant's Petition or the WCJ's Order Denying Motion to Quash Deposition. There is no record of the issues presented to the WCJ, the arguments the parties made to the WCJ, any stipulations or admissions made by the parties, and/or any evidence that may have been considered. For example, a crucial piece of evidence that is missing is the December 4, 2020 Notice of Deposition. Without the Notice of Deposition, we are unable to consider whether the deposition notice complied with the applicable sections of the Code of Civil Procedure. Likewise, the exhibits that were attached to the Second Motion to Quash Deposition, while potentially relevant, were not offered as evidence with the first Motion to Quash Deposition. Thus, there is no evidence for us to consider. Upon return to the trial level, we recommend that the parties and the WCJ create a proper record.