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PanelRemanded

Fitzpatrick, Eriq

ERIQ FITZPATRICK, Applicant vs. FAST RETAILING USA, INC.; HARTFORD SACRAMENTO, Defendants

ADJ number: ADJ13829431
Decision date: May 25, 2023
District office: Long Beach District Office
WCJ: Cynthia A. Quiel
Claim administrator: The Hartford
Commissioners: ANNE SCHMITZ, DEPUTY COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: right shoulder, right hip

LC §5900LC §5902LC §5903LC §5313CCR §10955

Summary

Applicant Eriq Fitzpatrick, acting in pro per, sought reconsideration of a March 22, 2023 Order denying his Petition for Change of Venue from the Long Beach District Office to the Los Angeles District Office due to transportation issues. The presiding judge had denied the request because defendant agreed to provide transportation to trial. The Board held that an order denying a change of venue is not a final order, so reconsideration was improper; it dismissed the petition for reconsideration and treated it as a petition for removal. Finding the trial record inadequate under Hamilton because the venue issue and stipulations were not framed and no evidence was admitted, the Board granted removal, rescinded the Order, and returned the matter to the trial level for development of the record on the venue issue.

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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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.