CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for removal and rescinded an order denying a change of venue. The defendant argued its venue objection was timely as it never received the initial Notice of Application, which triggers the objection period. The WCAB found that its inability to verify the sending of the Notice of Application created prejudice for the defendant. Therefore, the case was remanded to determine when the defendant first received notice of the case number and venue.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for removal and rescinded an order denying a change of venue. The defendant argued its venue objection was timely as it never received the initial Notice of Application, which triggers the objection period. The WCAB found that its inability to verify the sending of the Notice of Application created prejudice for the defendant. Therefore, the case was remanded to determine when the defendant first received notice of the case number and venue.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.