INTUIT, INC; SPECIALTY RISK SERVICES, DEANNA MURRAY, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADEANNA MURRAY, Applicant,vs.INTUIT, INC; SPECIALTY RISK SERVICES, Defendants.Case Nos. ADJ4278917 (VNO 0546068)ADJ4125934 (VNO 0546069)ADJ4427925 (VNO 0546070)OPINION AND DECISION AFTER RECONSIDERATION The Appeals Board previously granted reconsideration in this case to further study the record and issues raised in applicant’s petition for reconsideration. This is our decision after reconsideration. Applicant challenges the December 8, 2008 order of the workers’ compensation administrative law judge (WCJ Mah), wherein WCJ Mah suspended proceedings and barred payment of benefits to applicant for failure of applicant to appear at the Court ordered deposition dated October 23, 2008, with the order to remain in effect until applicant appeared, testified and completed her deposition taken by defendant. We note that WCJ Goldman issued a similar order on December 23, 2008, which essentially duplicates WCJ Mah’s order, although WCJ Goldman’s order only states that benefits “may be” barred and that proceedings “are” suspended. We conclude that both orders are void. No legal authority exists to bar payment of benefits or suspend proceedings for failure to appear at a deposition. (See Hudson v. CNA Ins. Co. 21 CWCR 208, June 14, 1993, Appeals Board panel decision.) Labor Code sections 4053 and 4054 apply only to a failure to submit to a medical examination. Therefore, we will rescind the orders and return the matter to the trial level for the WCJ to conduct a conference on the issue and reach a , prompt resolution. We are puzzled why counsel for the parties cannot satisfactorily resolve the deposition issue without further delay. Applicant appears willing to submit to the taking of her deposition, provided that she is medically able to attend, travel to the location is a reasonable distance from her home but not more than 75
