Home/Case Law/JOSE MUNIZ vs. HOME TEAM PEST DEFENSE, AMERICAN INSURANCE GUARANTEE CLAIMS
Regular DecisionWorkers' Compensation

JOSE MUNIZ vs. HOME TEAM PEST DEFENSE, AMERICAN INSURANCE GUARANTEE CLAIMS

Filed: May 20, 2014
Marina Del Rey
ADJ8665916 ADJ8665918 ADJ8666059

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) denied the defendant's Petition for Removal, which sought to overturn an order denying a change of venue. While the defendant presented witnesses and their general testimony as required by Labor Code section 5501.6(b), the WCAB found insufficient evidence of substantial prejudice or irreparable harm. Key factors in the denial included the location of the applicant, their attorney, and defense counsel in Los Angeles County, and the defendant's failure to explain the specific hardship faced by their witnesses despite their proximity to Riverside. Furthermore, the sole scheduled event, a mandatory settlement conference, did not require witness presence.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) denied the defendant's Petition for Removal, which sought to overturn an order denying a change of venue. While the defendant presented witnesses and their general testimony as required by Labor Code section 5501.6(b), the WCAB found insufficient evidence of substantial prejudice or irreparable harm. Key factors in the denial included the location of the applicant, their attorney, and defense counsel in Los Angeles County, and the defendant's failure to explain the specific hardship faced by their witnesses despite their proximity to Riverside. Furthermore, the sole scheduled event, a mandatory settlement conference, did not require witness presence.

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