CompFox AI Summary
This case concerns a defendant's petition for removal challenging the applicant's chosen venue. The defendant argued the venue was improper under Labor Code section 5501.5(a)(3) and that their objection was timely. The Appeals Board agreed that the defendant's prior communication constituted a sufficient objection. Consequently, the Board granted the petition, rescinded the prior order denying a venue change, and ordered the case returned to the trial level to change venue to the San Jose district office, where the applicant resides and the injury occurred.
Full Decision Text1 Pages
This case concerns a defendant's petition for removal challenging the applicant's chosen venue. The defendant argued the venue was improper under Labor Code section 5501.5(a)(3) and that their objection was timely. The Appeals Board agreed that the defendant's prior communication constituted a sufficient objection. Consequently, the Board granted the petition, rescinded the prior order denying a venue change, and ordered the case returned to the trial level to change venue to the San Jose district office, where the applicant resides and the injury occurred.
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