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PanelGranted in Part

Jose Fausto Aguirre — ADJ14425732

JOSE FAUSTO AGUIRRE, Applicant vs. TAYLOR FARMS FLORIDA, INC.; ZURICH AMERICAN, Defendants

ADJ number: ADJ14425732
Decision date: Jun 27, 2021
District office: Fresno District Office
WCJ: —
Claim administrator: Zurich American
Commissioners: DEIDRA E. LOWE, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

LC §5900LC §5902LC §5903LC §5501.5CCR §10843CCR §10955CCR §10488

Summary

Applicant Jose Fausto Aguirre filed an application for adjudication of claim with venue in the Fresno District Office. Defendant Taylor Farms Florida/Zurich American timely objected to venue under Labor Code section 5501.5(c) and requested transfer. After the WCJ denied the venue objection in an April 20, 2021 Order, defendant petitioned for reconsideration. The Board held that a venue determination is a non-final, intermediate procedural order not subject to reconsideration, so it dismissed the petition for reconsideration, treated it as a petition for removal, and granted removal. The Board rescinded the WCJ's order and transferred venue to the Salinas District Office because defendant's objection was timely.

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.