WCPanelIQ
PanelGranted in Part

Harlow, James

JAMES HARLOW, Applicant vs. OXNARD UNION HIGH SCHOOL DISTRICT; ATHENS ADMINISTRATORS CONCORD, Defendants

ADJ number
ADJ13628082
Decision date
Dec 7, 2023
District office
Oxnard
WCJ
—
Claim administrator
Athens Administrators Concord
Commissioners
JOSÉ H. RAZO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: neck, back, trunk, hand, multiple body parts, sleep

LC §5501.5LC §5501.6LC §5313LC §5900LC §5902LC §5903CCR §10955CCR §10605

Summary

Applicant James Harlow, injured in a 2018 slip and fall while working for Oxnard Union High School District, originally selected Marina del Rey venue but the case was transferred to Oxnard following defendant's objection. After moving to Texas, applicant petitioned to change venue back to Marina del Rey, citing proximity to LAX and the likely absence of employer witnesses. The WCJ denied the petition without issuing an opinion on decision or holding a hearing, relying solely on defendant's objection and failing to address applicant's alleged good cause. The Board dismissed the petition to the extent it sought reconsideration (because a venue order is not a final order), but granted it as a petition for removal, rescinded the order, and returned the matter for further proceedings with an adequate record.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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