Byrne Miller — ADJ13793096

Applicant Byrne Miller sought removal of a February 4, 2022 Order Granting Change of Venue that transferred his case from the Santa Barbara District Office to the Eureka District Office. Venue had originally been assigned to Santa Barbara based on the location of applicant's attorney's office in Westlake Village, but applicant resides in Brookings, Oregon, and the injury occurred at Pelican Bay State Prison in Crescent City (Del Norte County), nearest to the Eureka office. The WCJ adjudicated the venue issue at a January 19, 2022 status conference without creating any record of evidence, testimony, or grounds for the decision. The Appeals Board held that the WCJ failed to make a record of the evidence presented, leaving the Board unable to evaluate the merits of the petition. The Board granted the petition for removal, rescinded the venue order, and returned the matter to the trial level for development of the record.