Cervantes, Claudia

Defendant Kaweah Delta Health Care District (PSI) sought removal from a PWCJ order denying its Petition for Change of Venue as untimely under Labor Code section 5501.5(c), based on the employer being served with the Notice of Application on November 28, 2022. Defendant contended its January 30, 2023 petition was timely because it did not become aware of the venue selection and case number until January 9, 2023. The Board found the record insufficient for meaningful review because the underlying Notice of Application and its proof of service were not in the record, and defendant's averments of non-receipt were in unverified declarations. The Board held the absence of an evidentiary record caused a due process violation rising to irreparable harm, granted removal, rescinded the order, and returned the matter to the PWCJ for further proceedings.