Nunez, Victoria

Applicant Victoria Nunez, a nurse who claimed an industrial injury while employed by Trinity Health, sought removal or reconsideration of the PWCJ's June 19, 2024 Order denying her Petition for Change of Venue from Fresno back to Van Nuys. Venue had originally been set in Van Nuys (applicant's attorney's principal place of business and her part-time residence) but was changed to Fresno without objection on defendant's petition, because the injury occurred there and applicant was residing three days a week in Fresno. After applicant's employer could no longer accommodate her work restrictions, she moved full time to Los Angeles County and petitioned to return venue to Van Nuys. The Board dismissed the petition as one for reconsideration (because a venue order is interlocutory and non-final), but granted it as a petition for removal, finding substantial prejudice would result. The Board rescinded the June 19, 2024 Order and returned the matter to the trial level for further proceedings, holding that more evidence was needed and that the filing of a DOR or trial setting does not waive the right to seek a change of venue.