Trial Practice In The Time of COVID-19: WCAB Addresses Objections to Virtual Witness Testimony

Laughlin, Falbo, Levy & Moresi LLP
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As we approach the one year anniversary of the COVID-19 pandemic and corresponding shutdowns, we continue to see some of the provisions set forth in the Governor’s Executive Orders gaining support and permanency via statute and case law decisions. The latest development came through the January 12, 2021 Significant Panel Decision of Limin Gao v. Chevron Corp. (ADJ10024232), which addressed Executive Order N-63-20 and objections to electronic testimony at trial. The Board agreed that the Workers’ Compensation Judge violated the applicant’s due process rights when the Judge continued a trial indefinitely for in-person testimony over applicant’s objection. We have provided a brief summary of the Board’s decision and reasoning below, along with our analysis of the potential legal implications for workers’ compensation practice and some tips for moving forward.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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