Home/Case Law/MARIA VIGIL (aka MARIA MORGAN) vs. COUNTY OF MERCED PROBATION DEPARTMENT
Regular DecisionRemoval

MARIA VIGIL (aka MARIA MORGAN) vs. COUNTY OF MERCED PROBATION DEPARTMENT

Filed: May 23, 2017
Fresno
ADJ10438517, ADJ10590208

CompFox AI Summary

The Workers' Compensation Appeals Board denied the applicant's Petition for Removal, which sought to overturn a judge's denial of her venue change request. The applicant argued for a venue change to Stockton, citing her new residence, her adjuster's location, and potential future litigation in Stockton. However, the Board found no good cause for the requested change, concluding that the applicant's attorney's convenience, not the applicant's hardship, was the primary motivation. Granting the petition would undermine the statutory provisions for venue changes when the initial venue is based solely on attorney convenience and the employer objects.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied the applicant's Petition for Removal, which sought to overturn a judge's denial of her venue change request. The applicant argued for a venue change to Stockton, citing her new residence, her adjuster's location, and potential future litigation in Stockton. However, the Board found no good cause for the requested change, concluding that the applicant's attorney's convenience, not the applicant's hardship, was the primary motivation. Granting the petition would undermine the statutory provisions for venue changes when the initial venue is based solely on attorney convenience and the employer objects.

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