WCAB: Electronic Testimony Should Be Permitted When Witness Unable to Appear in Person

Because an evidentiary record is required for appellate review, and to safeguard due process, a request for electronic testimony must not be denied without an opportunity to be heard, the Workers' Compensation Appeals Board said Thursday in an en banc decision. "In considering the application of WCAB Rule 10817(c), we preliminarily conclude that a request on the record for electronic witness testimony at the beginning of the hearing, with an opportunity for any party to respond, satisfies the petition requirement and is sufficient to adjudicate the issue of electronic testimony,"...