Home/Case Law/TOMASA MARTINEZ vs. GUS JR.; FARMER'S INSURANCE COMPANY, Mid-Century Insurance Company
Regular DecisionRemoval/Reconsideration

TOMASA MARTINEZ vs. GUS JR.; FARMER'S INSURANCE COMPANY, Mid-Century Insurance Company

Filed: Jun 10, 2010
Los Angeles
ADJ7128393

CompFox AI Summary

The Workers' Compensation Appeals Board denied a petition for removal and dismissed a petition for reconsideration. The defendant sought to change venue from Los Angeles to Riverside, claiming the initial filing was untimely. However, their petition lacked the required verification and statement under penalty of perjury regarding notice receipt, thus failing to establish timeliness under WCAB Rule 10410. The Board affirmed the WCJ's decision, noting that the defendant could still seek venue change later based on good cause for witness convenience.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied a petition for removal and dismissed a petition for reconsideration. The defendant sought to change venue from Los Angeles to Riverside, claiming the initial filing was untimely. However, their petition lacked the required verification and statement under penalty of perjury regarding notice receipt, thus failing to establish timeliness under WCAB Rule 10410. The Board affirmed the WCJ's decision, noting that the defendant could still seek venue change later based on good cause for witness convenience.

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