Loyda Martinez — ADJ14466674

Applicant Loyda Martinez sustained an industrial injury on 12/08/2020 to her right elbow and left index finger while working for Staffing Network, LLC. Following an expedited hearing, the WCJ found applicant entitled to temporary disability from 12/08/2020 through 07/26/2021 and that defendant failed to prove it offered modified work consistent with her restrictions. Defendant petitioned for reconsideration, arguing it was denied due process because the WCJ refused to continue the matter to allow cross-examination of the absent applicant and that it lacked notice of the particular TD period. The Board denied reconsideration, holding that defendant failed to subpoena or serve a notice to appear on applicant under Code of Civil Procedure section 1987, and thus did not avail itself of the opportunity to cross-examine her. The WCJ also found defendant had adequate notice of the temporary disability issue raised in applicant's DOR.