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

Case No. ADJ11509125, ADJ11509591, ADJ13194436
Regular
Dec 15, 2020

ALEX MEJIA vs. LINEAGE LOGISTICS, CORVEL

The Appeals Board granted Lineage Logistics' petition for removal, rescinding an order that changed venue for claim ADJ13194436 to Long Beach. The Board found the record procedurally confused, noting conflicting actions by different district offices and an order that incorrectly stated parties jointly agreed to the venue change despite an objection. The matter is returned to the trial level to address consolidation and proper venue for all three applicant claims.

Petition for RemovalChange of VenueConsolidation of ClaimsProcedural ConfusionAdjudication NumbersDistrict OfficeWorkers' Compensation Appeals BoardCumulative TraumaPetition to ConsolidateNotice of Intention to Change Venue
References
Case No. ADJ8750816
Regular
Jul 31, 2014

KAMIKA BEASLEY vs. SECURITAS, SEDGWICK

The Workers' Compensation Appeals Board granted the applicant's petition for removal, reversing the prior denial of a change of venue. The applicant demonstrated good cause by residing in Vallejo, her injury occurring in Sacramento, and no longer having an attorney in the original Anaheim venue. Therefore, the case venue was changed to the Oakland district office, and the trial was continued.

Petition for RemovalChange of VenueWorkers' Compensation Appeals BoardPresiding Workers' Compensation Administrative Law JudgePetition to Change VenuePetition for Change of VenueGood CauseMandatory Settlement ConferenceApplication for Adjudication of ClaimIndustrial Injury
References
Case No. LBO 0328398
Regular
Aug 28, 2007

WILLIAM PITTS vs. A. TEICHERT \& SON, INC.

The Workers' Compensation Appeals Board dismissed the employer's petition for removal as untimely, as it was filed more than 20 days after the notice of hearing. Furthermore, the Board would have denied the petition on its merits because the employer failed to object to venue within the statutory 30-day period after receiving notice of the case. The employer also did not demonstrate good cause for a change of venue or inconvenience of witnesses.

Petition for RemovalAsbestos CalendarVenueLabor Code Section 5500.5Class Action CertificationApplicant ResidenceInjurious ExposureVenue ObjectionWCAB Rule 10843(b)Untimely Petition
References
Case No. ADJ8462881
Regular
Dec 07, 2012

CHRIS HARMAN vs. SIERRA PACIFIC INDUSTRIES

This case involves a defendant's Petition for Removal requesting a venue change and vacation of a hearing. The Appeals Board dismissed the petition as moot because the venue was subsequently changed by an Order Changing Venue. The Board also found the petition to be an abuse of removal procedure, as the defendant's venue objection had not been decided prior to the hearing being scheduled. The Board warned counsel against future frivolous filings, citing potential sanctions under Labor Code section 5813.

Petition for RemovalVenueLabor Code section 5501.5Objection to VenueDeclaration of ReadinessOrder Changing VenueMootWCAB Rule 10843(a)Abuse of ProcedureBad-faith Action
References
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
Case No. ADJ10573361
Regular
Mar 30, 2017

WANDA VAGT vs. REXNORD INDUSTRIES, THE HARTFORD, CORVEL

This case concerns Wanda Vagt's petition for reconsideration of a prior decision. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to allow for a thorough review of the factual and legal issues. The underlying dispute involves a change of venue requested by the defendant, Rexnord Industries, which the Applicant argued exceeded the judge's authority. The WCAB's decision to grant reconsideration indicates they need further information to issue a just ruling on the venue dispute and other related matters.

Workers' Compensation Appeals BoardPetition for ReconsiderationActing Presiding Workers' Compensation Law JudgeOrder Changing VenuePetition for Removalsubstantial prejudiceirreparable harmchange of venuevenue requirementsex parte appearance
References
Case No. ADJ8682322
Regular
Jun 26, 2013

MARILYN VIELMA vs. BAKERSFIELD MEMORIAL HOSPITAL, DIGNITY HEALTH c/o SEDGWICK CMS

The Workers' Compensation Appeals Board granted the defendant hospital's petition for removal, reversing an earlier denial of their venue change request. The defendant argued their objection to the Marina Del Rey venue was timely filed within 30 days of receiving the adjudication case number and venue notice. The Board found the objection was indeed filed on the 30th day after the defendant's claims administrator received notice. Consequently, venue was changed to the Bakersfield district office, as required by statute when an objection is timely.

Petition for RemovalPetition for Change of Venueuntimelythirtieth dayNotice of ApplicationvenueCNA techindustrial injuryApplication for Adjudication of ClaimLabor Code section 5501.5
References
Case No. ADJ7641403
Regular
Apr 26, 2011

MARU ARAGAW vs. SAN JOAQUIN GENERAL HOSPITAL, TRISTAR RISK MANAGEMENT

Applicant Maru Aragaw sought to remove an order changing venue from San Francisco to Stockton for her workers' compensation claim. The Appeals Board denied the removal petition. The defendant's objection to the initial San Francisco venue was timely, as it was filed within 30 days of receiving notice of the case number and venue. Therefore, the WCJ correctly ordered the venue changed to Stockton, where the applicant resides.

Petition for RemovalChange of VenueLabor Code section 5501.6WCJSan Francisco district officeStockton district officeApplication for Adjudication of Claimvenue siteobjection to venueRule 10410
References
Case No. ADJ10149777
Regular
Dec 31, 2015

TIMOTHY PRATT vs. SOUTHERN MARIN FIRE PROTECTION DISTRICT, ATHENS ADMINISTRATORS

The Workers' Compensation Appeals Board denied the applicant's petition for removal, upholding a prior order changing the venue from Oakland to Redding. The change was granted because the applicant resides in Grass Valley, and the Redding District Office is the closest Appeals Board office to that location. The applicant failed to demonstrate factual prejudice stemming from the venue change. Therefore, the original venue change order is affirmed.

Petition for RemovalVenue ChangeLabor Code Section 5501.5Workers' Compensation Appeals BoardAdministrative Law JudgeOakland District OfficeRedding District OfficeApplicant ResidenceAttorney Principal Place of BusinessCumulative Trauma
References
Case No. ADJ7669691
Regular
Aug 02, 2012

Ellis Hobbs vs. New England Patriots, Philadelphia Eagles, Great Divine Insurance Company c/o Berkley Specialty Underwriting Managers

Great Divide Insurance Company (GDIC) sought to change venue from Anaheim to San Francisco for a workers' compensation claim filed by applicant Ellis Hobbs. Hobbs initially chose Anaheim as the venue based on his attorney's principal place of business. GDIC timely objected to this venue selection, as permitted by Labor Code section 5501.5(c). Because Hobbs does not reside in California and his last injurious exposure occurred in San Francisco, the Appeals Board granted GDIC's Petition for Removal and ordered the venue changed to the San Francisco district office.

Petition for RemovalVenueLabor Code section 5501.5Principal place of businessObjection to Venue SelectionLast alleged injurious exposureSan Francisco district officeAnaheim district officeWorkers' Compensation Appeals BoardPetition to Change Venue
References
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