What the panel ordered
Petition for reconsideration dismissed; petition for removal granted; Order Denying Change of Venue rescinded and matter remanded for further proceedings.
Applicant petitioned for reconsideration and removal of the WCJ's Order Denying Change of Venue (August 30, 2023). The WCAB dismissed reconsideration as improper for a non-final order, granted removal, rescinded the order, and remanded for further proceedings.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The WCJ denied the change of venue based on defendant's objection, but failed to address applicant's alleged good cause. The Appeals Board found the record insufficient as the WCJ did not issue an opinion on decision or hold a hearing, and remanded for further proceedings.
From the decision · page 4Texas; as a result, the airport that applicant will fly into is LAX, which is nearest the Marina del Rey board; and that there will likely be no employer witnesses at trial. On August 9, 2023, the WCJ issued a Notice of Intention to Grant Petition to Change Venue. Defendant filed an Objection to the Change of Venue on August 24, 2023, providing its own reasons why the venue should not be changed. Without issuing an opinion on decision or holding a hearing, the WCJ issued the Order Denying Change of Venue on August 30, 2023, based on defendant's objection setting forth good cause. The WCJ failed to address applicant's alleged good cause.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
The WCJ denied the change of venue based solely on defendant's objection and did not address applicant's alleged good cause or issue an opinion on decision or hold a hearing.
Favours neutral
The Appeals Board found the record insufficient to consider the issue and remanded for further proceedings.
From the decision · page 4Texas; as a result, the airport that applicant will fly into is LAX, which is nearest the Marina del Rey board; and that there will likely be no employer witnesses at trial. On August 9, 2023, the WCJ issued a Notice of Intention to Grant Petition to Change Venue. Defendant filed an Objection to the Change of Venue on August 24, 2023, providing its own reasons why the venue should not be changed. Without issuing an opinion on decision or holding a hearing, the WCJ issued the Order Denying Change of Venue on August 30, 2023, based on defendant's objection setting forth good cause. The WCJ failed to address applicant's alleged good cause.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Labor Code section 5501.6
A change of venue shall be granted for good cause. The reasons for the change of venue shall be specifically set forth in the request for change of venue.
Applicant alleged good cause for a change of venue, but the WCJ failed to address it. The Appeals Board remanded for further proceedings.
From the decision · page 4Section 5501.6 states: (a) An applicant or defendant may petition the appeals board for a change of venue and a change of venue shall be granted for good cause. The reasons for the change of venue shall be specifically set forth in the request for change of venue.
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About this page
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