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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ6893931
Regular
Jul 01, 2010

JOEL RAMIREZ vs. KUEHNE & NAGEL, INC, TRAVELERS PROPERTY CASUALTY INSURANCE

The applicant sought reconsideration and removal of a prior Board decision that changed the venue of his workers' compensation case. The Board dismissed the petition for reconsideration as the prior decision was not a final order affecting substantive rights. Furthermore, the Board denied the petition for removal, finding no evidence of irreparable harm or significant prejudice from the venue change. The applicant's argument regarding defendant's alleged violation of WCAB Rule 10410 was deemed irrelevant to the venue change.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalWCAB Rule 10410VenueAnaheim District OfficeSan Bernardino District OfficeNon-final orderIrreparable harmSignificant prejudice
References
1
Case No. OAK 0317409
Regular
Feb 08, 2008

CHERRYLLE HATCHETT vs. COUNTY OF SACRAMENTO

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration of an order changing venue because the order was not a final determination and the petition was unverified. However, the Board granted removal on its own motion and reversed the venue change, finding the employer's objection to the applicant's chosen venue in Oakland was untimely under Rule 10410. The employer had over two years to object to the Oakland venue after receiving notice of the case number, significantly exceeding the 30-day limit.

Workers' Compensation Appeals BoardOrder Changing VenuePetition for ReconsiderationRemovalLabor Code section 5501.5Labor Code section 5900Labor Code section 5902Appeals Board Rule 10410Untimely ObjectionVenue Site
References
0
Case No. ADJ7578334
Regular
Sep 27, 2011

ARGELIA MARTINEZ vs. J & R HOCK ENTERPRISES, INC., CALIFORNIA RESTAURANT MUTUAL BENEFIT CORPORATION

The Workers' Compensation Appeals Board (WCAB) granted removal and changed venue to San Bernardino after the defendant's petition to do so was initially denied. The defendant timely filed a petition to change venue from Long Beach to San Bernardino based on the applicant's residence and injury location. Despite procedural issues with filing, the WCAB determined the petition was timely under Labor Code section 5501.5(c) and WCAB Rule 10410. Therefore, venue was changed to San Bernardino as required by law.

Workers' Compensation Appeals BoardPetition to Change VenueWCAB Rule 10410Labor Code section 5501.5(c)Petition for Removalvenueindustrial injuryfood preparerapplicant's residencelocation of injury
References
12
Case No. ADJ7128393
Regular
Jun 10, 2010

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

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.

WORKERS' COMPENSATION APPEALS BOARDADJ7128393PETITION FOR RECONSIDERATIONPETITION FOR REMOVALCHANGE OF VENUERIVERSIDE COUNTYLOS ANGELES COUNTYWCJLABOR CODE SECTION 5501.5WCAB RULE 10410
References
3
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