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

Case No. ADJ7035131
Regular
Jan 03, 2011

IGNACIO VASQUEZ vs. VERTEX COATINGS, INC., TRUCK INSURANCE EXCHANGE

The Workers' Compensation Appeals Board dismissed the employer's petition for reconsideration of an order denying a change of venue. However, the Board granted removal and changed venue to San Bernardino based on the employer demonstrating good cause for witness convenience under Labor Code § 5501.6(b). The Board found the employer complied with statutory requirements by identifying witnesses and the substance of their testimony, and the applicant failed to properly object to the venue change. Therefore, the case will now proceed in the San Bernardino District Office.

Workers' Compensation Appeals BoardVertex CoatingsInc.Ignacio VasquezPetition for ReconsiderationPetition for RemovalChange of VenueLabor Code section 5501.6(b)WCJSan Bernardino District Office
References
Case No. ADJ10438517, ADJ10590208
Regular
May 23, 2017

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

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.

Workers' Compensation Appeals BoardPetition for RemovalPetition for Change of VenueWCJVenueLabor Code Section 5501.5Labor Code Section 5501.6Good CauseConvenience of CounselCumulative Trauma
References
Case No. ADJ2854714 (MON 0360433)
Regular
Jun 24, 2011

DAVID FRENCH vs. WARNER BROTHERS

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration regarding a change of venue. The WCAB granted removal, rescinded the prior order changing venue to Long Beach, and denied the applicant's request for a venue change. The WCAB found the applicant failed to demonstrate good cause for the change, as the primary reason cited was the convenience of his new attorney, not the applicant or witnesses. The Board also noted the defendant's objection regarding witness convenience and the employer's location, highlighting the improper burden of proof placed on the defendant by the judge.

Workers Compensation Appeals BoardPetition for ReconsiderationRemovalChange of VenueLabor CodeWCAB RulePre-trial orderInterlocutory orderGood CauseBurden of Proof
References
Case No. ADJ15229971
Regular
Mar 17, 2023

GRANT ELLISON vs. CITY OF SAN BUENAVENTURA, ATHENS ADMINISTRATORS

The Workers' Compensation Appeals Board denied the employer's petition for reconsideration of an award to an employee injured by a COVID-19 vaccine. The Board found the injury arose out of and in the course of employment, citing the "dual purpose" rule where the employer strongly encouraged vaccination to reduce employee absences. The Board also applied the "personal convenience" doctrine, stating acts for comfort and convenience while at work are incidental to employment. Therefore, the employee's vaccine injury was deemed work-related, and the employer is liable.

Workers' Compensation Appeals BoardGrant EllisonCity of San BuenaventuraAthens AdministratorsCOVID-19 vaccinationarising out of employmentcourse of employmentdual purpose rulepersonal convenience doctrinework-related injury
References
Case No. ADJ849256 (FRE 0233550)
Regular
Nov 24, 2008

JOHNNY W. NELUM vs. CITY OF FRESNO, Permissibly SelfInsured, as administered by AMERICAN ALL RISK LOSS ADMINISTRATORS

The Workers' Compensation Appeals Board granted the defendant's petition for removal, rescinding an order to change venue from Fresno to Bakersfield. While the Board found no good cause for the venue change based on convenience and prior trial proceedings, it acknowledged the Presiding Judge's concerns about the appearance of bias in Fresno. Therefore, the Board ordered a judge from outside the Fresno district to preside over the trial to ensure impartiality.

RemovalChange of VenueLabor Code section 5501.6Presiding Workers' Compensation Administrative Law JudgePWCJFair TrialIndustrial InjuryPsycheVenueGood Cause
References
Case No. ADJ9505188
Regular
Oct 21, 2014

BENITA MOFFETT vs. COLTON JOINT UNIFIED SCHOOL DISTRICT, YORK INSURANCE SERVICES GROUP, INC.

The Workers' Compensation Appeals Board (WCAB) denied a defendant's petition for removal regarding a venue objection. The defendant's objection to the Anaheim venue, based on the applicant's attorney's principal place of business, was untimely as it was filed with the WCAB one day after the 30-day deadline. Although the objection was not timely filed under the initial rule, the defendant retains the right to petition for a change of venue for good cause, such as witness convenience, at a later stage.

WCABPetition for RemovalVenuePWCJ ReportTimelinessFilingServiceWCAB Rule 10410WCAB Rule 10301(t)Labor Code Section 5501.6
References
Case No. ADJ10240541
Regular
Apr 22, 2016

MYRON LANUZA vs. LOMA LINDA UNIVERSITY BEHAVIORAL MEDICINE CENTER

The Workers' Compensation Appeals Board denied the defendant's petition for removal, upholding the WCJ's decision to deny their request for a venue change. While the defendant argued for transfer to Riverside based on the applicant's initial residence there, the Board found the applicant now lives in close proximity to the Van Nuys office where the case was initially filed. The Board also noted deficiencies in the defendant's request for venue change based on witness convenience and good cause. Therefore, good cause exists to maintain venue with the Van Nuys District Office.

Workers' Compensation Appeals BoardPetition for RemovalChange of VenueLabor Code section 5501.5Labor Code section 5501.6WCJAdministrative Law JudgeRiverside District OfficeVan Nuys District Officeapplicant residence
References
Case No. ADJ1437176 (VNO 0554459) ADJ1889914 (VNO 0547062)
Regular
Dec 08, 2014

ENEDINA LOPEZ vs. GEORGIA PACIFIC, LLC

This case involves a lien claimant, Frontline Medical Associates (FMA), seeking reconsideration of a Workers' Compensation Appeals Board (WCAB) decision that disallowed their lien. The WCAB denied FMA's petition, affirming the Administrative Law Judge's (ALJ) findings. The ALJ found that FMA failed to meet its burden of proof regarding the reasonableness and necessity of medical treatment and charges, particularly for compound medications and convenience packs. Furthermore, FMA's attempt to introduce a key exhibit after the lien conference was excluded as inadmissible due to a violation of discovery rules, leading to a denial of reconsideration.

Workers' Compensation Appeals BoardGeorgia PacificLLCESISInc.Frontline Medical AssociatesPetition for ReconsiderationLien ClaimantCurable DefectWCAB Rule 10842
References
Case No. ADJ3083395 (BAK 146844)
Regular
Nov 20, 2008

Susan Lindley vs. PANAMA BUENA VISTA UNION SCHOOL DISTRICT

The Workers' Compensation Appeals Board affirmed a finding that an applicant sustained an industrial injury while on paid administrative leave from her employer. The applicant was sent home to await a call from her employer and injured herself while performing a household chore during her paid work hours. The Board applied the "personal convenience" doctrine, deeming the applicant's actions reasonably contemplated by her employment situation.

Workers' Compensation Appeals BoardSusan LindleyPanama Buena Vista Union School Districtbus driver trainerindustrial injuryleft elbowarose out of employmentin the course of employmentpaid administrative leavepersonal convenience doctrine
References
Case No. LBO 0383984
Regular
Dec 27, 2007

PATRICK ESPOSITO vs. NORTHWEST AIRLINES, INC., LIBERTY MUTUAL INSURANCE

The Workers' Compensation Appeals Board denied reconsideration, affirming the finding that Patrick Esposito's injury sustained while falling from a hotel balcony to smoke was compensable. The Board adopted the reasoning that the act of smoking fell under the "personal comfort and convenience" and "commercial traveler" doctrines, making it incidental to his employment as a flight attendant on layover. The Court found that the employee's poor decisions after being locked out did not negate the compensability of the injury.

WORKERS' COMPENSATION APPEALS BOARDPATRICK ESPOSITONORTHWEST AIRLINESLIBERTY MUTUAL INSURANCEORDER DENYING RECONSIDERATIONworkers' compensation administrative law judgepersonal comfort and convenience doctrinecommercial traveler ruleon callper diem
References
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