Daniels, Yvette

Applicant Yvette Daniels claimed an industrial injury in August 2016 to her knee, back, and shoulder while working as a caretaker. On the morning of the December 6, 2022 trial, applicant's attorney requested that a trial witness (an alleged manager who would testify that applicant reported her injury before termination) and a second attorney be allowed to appear electronically; the WCJ denied the request as untimely and lacking good cause, then issued a December 21, 2022 finding that the claim was time-barred due to a post-termination defense. Applicant sought reconsideration, arguing a due process violation. The Board granted reconsideration and rescinded both the order denying virtual testimony and the December 21, 2022 finding, holding that the record lacked sufficient information to assess good cause and that applicant appeared to have been denied a fair hearing. The matter was returned to the trial level for further proceedings.