WCPanelIQ
PanelDismissed

Fitzpatrick, Eriq

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

ADJ number
ADJ13836041
Decision date
Oct 19, 2025
District office
Long Beach
WCJ
—
Claim administrator
The Hartford
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER
LC §5909LC §5900CCR §10600CCR §10628

Summary

Applicant Eriq Fitzpatrick filed a petition for reconsideration challenging venue, an issue previously decided against him in the Board's July 17, 2024 decision that left the Presiding Judge's September 8, 2023 Order denying change of venue undisturbed. Applicant did not file a timely petition for writ of review of that prior decision. The Board found the current petition was successive because it re-raised the same venue issue without any new aggrievement or new record. The Board first addressed its jurisdiction under the amended Labor Code section 5909, confirming it timely acted within 60 days of the August 19, 2025 case transmission. The petition was dismissed as successive, and the Board noted it would alternatively have denied it on the merits per the WCJ's report regarding proper service of the July 21, 2025 Joint Order Dismissing Cases.

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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