What the panel ordered
Petition for Reconsideration is denied by the WCAB panel.
Defendant petitioned for reconsideration of the Findings and Award issued on 12/17/2021, challenging denial of its request to cross-examine applicant at an expedited hearing; petition was timely filed and considered by WCAB panel.
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.
Defendant did not subpoena or serve notice to applicant to appear at hearing, thus did not avail itself of cross-examination opportunity; no good cause for continuance found; defendant was not denied due process.
From the decision · page 3A review of EAMS reflects applicant filed a Declaration of Readiness (hereinafter referred to as "DOR") on 10/12/2021 identifying temporary disability as the issue and requesting an expedited hearing. Defendant did not file an Objection. The matter came on my expedited hearing calendar on 11/09/2021. Counsel for applicant appeared telephonically as did defense counsel. Applicant did not appear. There was no objection to the matter being held virtually. Defendant objected to the expedited hearing proceeding partly on lack of notice as to the particular period of temporary disability. Defendant also objected to the expedited hearing proceeding because it requested the opportunity to cross-examine applicant regarding medical treatment, employment subsequent to the date of injury, and income. Applicant was not present for the hearing. Defendant