WCPanelIQ
PanelLienGranted

Aguilar, Martin

MARTIN AGUILAR, Applicant vs. ANTON SEITZ DBA KARLS CUSTOM SASH AND DOORS; OAK RIVER INSURANCE COMPANY DBA BERKSHIRE HATHAWAY HOMESTATE COMPANIES, Defendants

ADJ number
ADJ14635315
Decision date
Aug 28, 2025
District office
Van Nuys
WCJ
—
Claim administrator
Oak River Insurance Company dba Berkshire Hathaway Homestate Companies
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, KATHERINE WILLIAMS DODD, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER

Injury / body parts: face, jaw, neck, chest

LC §5313LC §5903LC §5952CCR §10955

Summary

Lien claimant The Dental Trauma Center Hawthorne sought removal of a WCJ's April 22, 2025 order granting defendant's petition to allow defense witnesses to testify remotely via CourtCall at a lien trial. The underlying claim involved injury to applicant Martin Aguilar's face, jaw, neck, and chest, with the case in chief having settled via compromise and release; the lien trial was set to resolve liability for self-procured medical treatment. The Appeals Board found that, although the WCJ's Report provided sound rationale for granting remote testimony, no record was made of the parties' arguments at the April 22, 2025 hearing other than the Minutes of Hearing. Because the Board could not conduct meaningful review of the petition without an adequate record, due process required granting removal. The Board granted the Petition for Removal, rescinded the April 22, 2025 Order, and returned the matter to the trial level for further proceedings.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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