ADJ15703855 — California WCAB decision

What the panel ordered

Petition for Removal granted; WCJ's Order of October 25, 2022 denying petitions to compel non-party witness depositions rescinded; matter returned to trial level for further proceedings and decision.

Petition for Removal of WCJ's Order denying defendant's petitions to compel non-party witness depositions, granted by WCAB, rescinding the WCJ's order and returning matter for further proceedings.

Read the official decision →

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.

Jurisdiction / venueDefendant prevailed

The WCJ's order denying the petitions was based on a lack of jurisdiction to compel non-party depositions, but the WCAB found the record inadequate and that the WCJ did not properly address procedural and substantive issues. The WCAB granted removal, rescinded the order, and returned the matter for further proceedings to develop the record and address the issues properly.

The facts that decided it

What the panel treated as outcome-determinative, and which side it favoured.

The WCJ's order denying petitions to compel non-party witness depositions was based solely on a lack of jurisdiction or basis to compel non-party depositions.

Favours Defendant prevailed

The rules the panel named

Authorities as the decision cited them, with how this panel applied each one.

Labor Code section 5701

Provides that the WCJ or any party may cause the deposition of witnesses to be taken, including requiring attendance and production of records.

Labor Code section 5710

Provides that the appeals board, WCJ, or any party may cause depositions of witnesses to be taken in the manner prescribed by law, including requiring attendance of witnesses and production of records.

From the decision · page 4Upon the return of this matter to the trial level, we encourage the WCJ and the parties to consider the following. Labor Code section 5710 provides in relevant part:

Code of Civil Procedure section 2025.010

Allows any party to obtain discovery by oral deposition of any person, including non-parties, within California.

From the decision · page 5Additionally, Code of Civil Procedure § 2025.010 provides that, "[a]ny party may obtain discovery within the scope delimited by Chapter 2 (commencing with Section 2017.010), and subject to the restrictions set forth in Chapter 5 (commencing with Section 2019.010), by taking in California the oral deposition of any person, including any party to the action. The person deposed may be a natural person, an organization such as a public or private corporation, a partnership, an association, or a governmental agency." (Code Civ. Proc., § 2025.010.) Discovery is thus permissible by the taking of depositions in California of any person, irrespective of whether the deponent is a party, or an employee of a party.

Code of Civil Procedure section 2025.420

Gives WCJ broad authority to impose reasonable protective orders regarding discovery scope and course.

From the decision · page 5Additionally, Code of Civil Procedure section 2025.420 provides the WCJ with broad authority to impose reasonable protective orders regarding the course and scope of the requested discovery. (Cal. Code Civ. Proc., § 2025.420(b).)

ADJ15703855 · April 25, 2023

What the panel ordered

What was disputed, and how it came out

The facts that decided it

Your case already resembles someone else’s. Find whose.

The rules the panel named

About this page