CompFox AI Summary
In Martinez v. Smith Packing, Inc., the Workers' Compensation Appeals Board denied the defendant's Petition for Removal, finding no substantial prejudice or irreparable harm. The Board adopted the WCJ's reasoning that removal is an extraordinary remedy requiring a showing of significant harm, which the defendant failed to demonstrate. The defendant's argument for changing venue from Santa Barbara to San Luis Obispo was also rejected, as the applicant lived, worked, and was injured in Santa Barbara County, and the WCJ found good cause to keep the case in that venue.
Full Decision Text1 Pages
In Martinez v. Smith Packing, Inc., the Workers' Compensation Appeals Board denied the defendant's Petition for Removal, finding no substantial prejudice or irreparable harm. The Board adopted the WCJ's reasoning that removal is an extraordinary remedy requiring a showing of significant harm, which the defendant failed to demonstrate. The defendant's argument for changing venue from Santa Barbara to San Luis Obispo was also rejected, as the applicant lived, worked, and was injured in Santa Barbara County, and the WCJ found good cause to keep the case in that venue.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.