Limin Gao

Applicant Limin Gao, a Chevron employee residing in Canada, sought removal of the WCJ's August 25, 2020 Order Continuing Trial indefinitely due to the Covid-19 pandemic pending in-person testimony. Applicant had already testified in person before the pandemic, but defendant objected to remote testimony for its three rebuttal witnesses and sought a continuance. The WCJ continued the trial the day after receiving defendant's objection without giving applicant an opportunity to respond. The Board found this violated applicant's due process rights and, considering Executive Order N-63-20 and the purposes of the workers' compensation system, held that the default should be for trials to proceed remotely absent a clear case-specific reason for continuance. The Board granted removal, rescinded the Order Continuing Trial, and returned the matter to the WCJ to set a remote hearing where the parties could be heard.