IRENE YERA vs. J.C. PENNEY, NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA

The Workers' Compensation Appeals Board granted the employer's Petition for Removal after a WCJ denied their motion to compel a deposition with an employer representative present. The applicant refused to proceed with the deposition citing intimidation by the store manager. The Appeals Board found that the applicant's subjective assertion of intimidation, without specific evidence or a protective order request, was insufficient to exclude the employer's representative. Therefore, the WCJ's denial was rescinded, and the case was returned to the trial level to allow the deposition to proceed with the store manager present.