Does a Workers' Compensation Judge have Jurisdiction to Order Depositions of Non-Party Fact Witnesses?

By Robert Cassio, Esq.

A recent board panel overturned a trial judge’s denial of a defendant’s Petition to Compel the deposition of three non-party fact witnesses. In Labella v. Marathon Petroleum/Old Republic Insurance, 51 CWCR 102, the panel disagreed with a judge’s determination that the WCAB lacked jurisdiction to compel depositions of non-party fact witnesses other than defendant’s employees.

The applicant had claimed a work-related Covid-19 infection in December of 2021 with related injuries. As part of the defendant’s discovery, the defendants filed Petitions to Compel the attendance at depositions of three “fact witnesses,” asserting that the three lived at the applicant’s address and that the depositions were needed to inquire about possible home Covid-19 exposures.

Can I File for an Expedited Hearing?

By Candace Talbot, Esq.

An Expedited Hearing with the Workers’ Compensation Appeals Board is a special hearing designed to fast-track certain narrow issues in a workers’ compensation case by allowing the parties to go directly to trial on said narrow issue the day the hearing is set (versus waiting for a trial date which typically follows a Mandatory Settlement Conference.)

The issues typically need to be related to an accepted case and are restricted to issues involving:

1. Entitlement to medical treatment

2. If applicant is required to treat in the MPN

3. A medical treatment appointment or medical legal evaluation

4. Entitlement to temporary disability benefits

5. Entitlement to compensation when there is a dispute as to liability among carriers.

WCAB Appellate Court Updates from 2023

By Megan Lucchesi. Esq.

In our 2023 recap, there were some important workers’ comp cases reviewed at the appellate court level. In brief summary, here are a few you may have missed:

Kuciemba v. Victory Woodworks – a spouse contracted COVID from their partner’s alleged workplace exposure. The court confirmed the employer does not have a duty of care to nonemployees in this context of COVID as it would impose an intolerable burden on employers and society in contravention of public policy. Employers do not owe a tort-based duty to nonemployees to prevent the spread of COVID-19.

Vann v. City and County of San Francisco - a San Francisco Fire Department firefighter was injured when a San Francisco Muni bus driver drove into an emergency scene. This claim was barred from a civil tort action by the workers’ compensation exclusive remedy despite fact that the accident was caused by worker from a different city department.