Tyson Perez

In this en banc decision, the WCAB granted defendant Chicago Dogs' (insured by Liberty Mutual) Petition for Reconsideration of a WCJ's finding that California had personal jurisdiction over the team in applicant Tyson Perez's cumulative trauma claim as a professional baseball player. The WCJ had refused to admit the affidavit of, or allow telephonic testimony from, the Chicago Dogs' COO Trish Zuro—the witness who would rebut the team's California contacts—because no formal petition under WCAB Rule 10817(a) had been filed before the hearing to permit electronic testimony. The Board preliminarily concluded that a request on the record at the beginning of a hearing for electronic testimony, with an opportunity for parties to respond, satisfies the rule's petition requirement, and that the due process right to a fair hearing constitutes good cause to allow electronic testimony. The Board granted reconsideration and deferred a final decision pending further review of the merits and the entire record. The Board also addressed the timeliness of its action under amended Labor Code section 5909 and corrected clerical errors regarding rule citations.