Workers’ Compensation · Primary-source case analysis

Perez: A Hearing Request Can Satisfy the Electronic-Testimony Petition Rule

By Aneeta Mishra and Timothy Chan

Published May 23, 2026

Tyson Perez claimed cumulative injury from professional baseball employment. A team challenging California personal jurisdiction sought remote testimony from an out-of-state executive, but the WCJ excluded her affidavit and denied telephone testimony because no advance petition had been filed.

The request had to be judged by substance

The Board explained that workers’ compensation pleadings are liberally construed and that an oral request made on the record, with an opportunity for response, may satisfy the petition requirement.

Due process favored hearing the witness

A fair hearing includes a meaningful opportunity to present and test evidence. Because the witness’s testimony addressed the disputed jurisdictional facts, the Board viewed inability to appear personally as good cause for electronic testimony.

The record could not remain one-sided

The applicant’s testimony concerning California contacts had been received, while the defense evidence offered to rebut those facts was excluded. The Board emphasized development of a complete evidentiary record.

Reconsideration was granted, not finally decided

The en banc order granted reconsideration and deferred the ultimate merits while retaining jurisdiction. Its stated conclusions about Rule 10817 and due process were expressly preliminary.

Key takeaways

• Identify remote witnesses before trial.
• Make the request on the record and state why personal appearance is impracticable.
• Give every party an opportunity to respond.
• Distinguish an order granting reconsideration from a final merits decision.