WCPanelIQ
PanelDismissed

Tara Durham — ADJ12312830

TARA DURHAM, Applicant vs. AVEANNA HEALTHCARE, LLC; CORVEL CORPORATION., Defendants

ADJ number
ADJ12312830
Decision date
Aug 15, 2021
District office
San Bernardino
WCJ
—
Claim administrator
CorVel Corporation
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, KATHERINE WILLIAMS DODD, COMMISSIONER, MARGUERITE SWEENEY, COMMISSIONER
LC §5900LC §5902LC §5903CCR §10843CCR §10955

Summary

Applicant Tara Durham filed a Petition for Reconsideration challenging the WCJ's May 25, 2021 Minute Order granting applicant's own request to change venue. The Board determined that a venue change order is an intermediate procedural decision that does not determine any substantive right or liability and is therefore not a 'final' order from which reconsideration may be taken. The Board dismissed the petition to the extent it sought reconsideration, then treated it as a Petition for Removal. Applying the removal standard, the Board found no showing of substantial prejudice or irreparable harm and that reconsideration would be an adequate remedy if a final adverse decision later issued. The Board dismissed the reconsideration petition and denied removal.

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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