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PanelGranted

Christian Alexander Rivera — ADJ17520173

CHRISTIAN ALEXANDER RIVERA, Applicant vs. SAN BERNARDINO MOUNTAINS COMMUNITY HOSPITAL DISTRICT; CYPRESS INSURANCE COMPANY administered by BERKSHIRE HATHAWAY HOMESTATE COMPANIES, Defendants

ADJ number: ADJ17520173
Decision date: Oct 18, 2026
District office: Pomona
WCJ: —
Claim administrator: Berkshire Hathaway Homestate Companies (administering Cypress Insurance Company)
Commissioners: JOSEPH V. CAPURRO, COMMISSIONER, CRAIG L. SNELLINGS, COMMISSIONER

Injury / body parts: left ankle, knees, legs

LC §5909LC §5900LC §5904LC §5708CCR §10817CCR §10600CCR §10955

Summary

Applicant, a certified nurse assistant, sustained an admitted injury to the left ankle and claimed injury to the knees and legs. A dispute arose over average weekly wage requiring testimony from witness Cynthia Bush, director of a skilled nursing facility located about 57 miles from the Pomona District Office. The WCJ denied Bush's request to testify remotely, finding insufficient good cause after applying Code of Civil Procedure section 2025.250(a)'s 75-mile deposition rubric, and ordered her to appear in person. The Appeals Board treated applicant's petition for removal as one for reconsideration (because threshold issues were resolved) and granted it, holding the WCJ applied the wrong standard. Following its en banc decision in Perez v. Chicago Dogs, the Board held that the due process right to a fair hearing is itself good cause for remote testimony, which should be readily permitted, and amended the F&O to allow Bush's virtual appearance.

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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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.