What the panel ordered
Petition for Removal granted, August 19, 2021 Order rescinded, matter returned to PWCJ for further proceedings.
Defendant sought removal of the August 19, 2021 Order Denying Defendant's Petition for Change of Venue issued by the PWCJ.
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 Board found that the defendant's petition for change of venue may have been timely filed within 30 days of receipt of notice, warranting further proceedings to determine timeliness.
From the decision · page 2WCAB Rule 10488 provides that, in order to timely object to venue based on an applicant's attorney's principal place of business, an employer must file an objection, pursuant to Section 5501.5(c) within 30 days from "receipt" of notice of an ADJ number and venue. In this case, given that defendant asserted, in a verified Petition for Removal that it attempted to file the Petition for Change of Venue by mail on March 2, 2021, defendant should be allowed to provide additional evidence related to its attempt to file the petition. Therefore, we will grant removal, rescind the August 19, 2021 Order, and return this matter to the trial level for the PWCJ to determine if defendant's Petition for Change of Venue was filed within 30 days of the employer's receipt of the Notice of Application.