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

Case No. ADJ9154960
Regular
Mar 25, 2014

IVAN SANCHEZ vs. NATIVE FOODS CALIFORNIA, CALIFORNIA RESTAURANT MUTUAL BENEFIT CORPORATION, AMERICAN CLAIMS MANAGEMENT

The Workers' Compensation Appeals Board (WCAB) denied Ivan Sanchez's Petition for Removal. The WCAB found that the venue of hearings is determined by the Division of Workers' Compensation based on available resources, not solely by the applicant's preferred district office. Furthermore, the WCAB noted that CourtCall is an available option for remote appearances. Finally, the petition was procedurally defective as it was unverified, providing an independent basis for denial.

Petition for RemovalWorkers' Compensation Appeals BoardDivision of Workers' CompensationVenueMedical treatment lien conferencesCourtCallMandatory settlement conferenceExpedited hearingsUnverified petitionCosts and Sanctions
References
Case No. ADJ2124401
Regular
Apr 09, 2014

THOMAS ENGLE vs. COPY RIGHT PRINTING SYSTEMS, STATE FARM INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the applicant's Petition for Removal regarding a change of hearing location from Santa Barbara to Oxnard. The Board reasoned that the Division of Workers' Compensation has budgetary constraints and the inherent power to manage its calendars, including changing hearing locations due to space limitations at the Santa Barbara satellite office. The Board noted that CourtCall and other options exist for participants who have difficulty traveling to Oxnard.

RemovalPetition for RemovalWorkers' Compensation Appeals BoardWCABDivision of Workers' CompensationDWCVenueDistrict OfficeSatellite OfficeCourtCall
References
Case No. ADJ8501518
Regular
Mar 21, 2014

PAMELA LIBERA vs. COUNTY OF SANTA BARBARA SHERIFF'S DEPARTMENT, CORVEL CORPORATION

The Workers' Compensation Appeals Board (WCAB) denied Pamela Libera's Petition for Removal. The WCAB found that the Division of Workers' Compensation (DWC) is statutorily responsible for providing district office quarters within budgetary constraints. Even if venue is established, the WCAB can calendar hearings at different locations due to limited resources. The WCAB also noted available alternatives like CourtCall for parties facing travel difficulties.

WORKERS' COMPENSATION APPEALS BOARDPetition for RemovalDivision of Workers' CompensationDWCWCABvenuedistrict officecalenderingCourtCallmandatory settlement conference
References
Case No. ADJ6951510
Regular
Mar 21, 2014

MENDEZ vs. RUDY'S MEXICAN RESTAURANT, CHARTIS INSURANCE

This Workers' Compensation Appeals Board case involved a petition for removal that was denied. The Board affirmed the administrative law judge's report, which determined that the Division of Workers' Compensation has discretion to calendar hearings at any district office based on budgetary and resource limitations. The Board cited statutory authority and regulations allowing for this flexibility, even when venue is established. Furthermore, the availability of telephonic appearances through CourtCall was highlighted as an accommodation for applicants facing travel difficulties.

Workers' Compensation Appeals BoardPetition for RemovalDivision of Workers' CompensationDistrict OfficeBudgetary ConstraintsVenueCourtCallMandatory Settlement ConferenceExpedited HearingsLien Conference
References
Case No. ADJ1835591
Regular
Apr 08, 2014

KEVIN MERRIMAN vs. MERRIMAN TRUCKING, L.W.P. COMMERCIAL CLAIMS

The Workers' Compensation Appeals Board (WCAB) denied the applicant's petition for removal. The WCAB found that transferring hearings from the Santa Barbara satellite office to Oxnard was necessary due to space limitations in Santa Barbara. The WCAB has the discretion to schedule hearings at different district offices for logistical reasons, and the applicant failed to demonstrate significant prejudice or irreparable harm. Additionally, CourtCall options are available to mitigate travel difficulties for attorneys and unrepresented applicants.

Petition for RemovalWorkers' Compensation Appeals BoardDivision of Workers' CompensationDistrict OfficeVenueCourtCallMandatory Settlement ConferenceExpedited HearingsSatellite OfficeJudicial Notice
References
Case No. ADJ7578348
Regular
Mar 21, 2014

ANA OCHOA vs. COUNTY OF VENTURA

The Workers' Compensation Appeals Board (WCAB) denied the applicant's Petition for Removal. The WCAB affirmed the administrative law judge's decision, which is based on budgetary constraints and limited space resources within the Division of Workers' Compensation. The WCAB can calendar hearings at different district offices, even if venue is established elsewhere, as long as it is based on available resources. The applicant's attorney is encouraged to explore remote appearance options like CourtCall for future mandatory settlement conferences.

Petition for RemovalWorkers' Compensation Appeals BoardDivision of Workers' CompensationDistrict OfficeBudgetary ConstraintsVenueCalendaring HearingsMedical Treatment Lien ConferencesCourtCallMandatory Settlement Conference
References
Case No. ADJ9166662
Regular
Apr 04, 2014

EDITH BARRETT vs. PACIFICA GRADUATE INSTITUTE, TRAVELERS CASUALTY AND SURETY COMPANY, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) denied the applicant's petition for removal. The WCAB affirmed the administrative law judge's report, which found no irreparable harm from rescheduling a conference to the Oxnard office due to space limitations at the Santa Barbara satellite office. The WCAB reiterated its authority to calendar hearings at different locations based on available resources and noted that CourtCall is available for remote appearances. The applicant's attorney failed to demonstrate significant prejudice or substantial harm resulting from the venue change.

Petition for RemovalWorkers' Compensation Appeals BoardDivision of Workers' CompensationVenueDistrict OfficeHearing LocationBudgetary ConstraintsJudicial ResourcesSpace ResourcesCourtCall
References
Case No. ADJ7965787
Regular
Mar 20, 2014

JOHN ORTEGA vs. MONTEABARO MASONRY, YORK INSURANCE SERVICES GROUP, INC.

The Workers' Compensation Appeals Board (WCAB) denied the applicant's petition for removal, which sought to hold hearings in Santa Barbara instead of Oxnard. The WCAB cited insufficient space in the Santa Barbara district office following the closure of the Goleta office as the reason for the temporary relocation to Oxnard. The Board emphasized its statutory authority and inherent power to manage its calendars and facilities based on available resources, noting that venue is not jurisdictional. Applicants facing travel burdens can utilize telephone appearances via CourtCall.

Petition for RemovalWorkers' Compensation Appeals BoardDivision of Workers' CompensationWCAB Rule 10770.1VenueCourtCallMandatory Settlement ConferenceAdministrative Law JudgeMedical Treatment Lien ConferenceCase Number ADJ7965787
References
Case No. ADJ6721899
Regular
Apr 04, 2014

RICARDO VILLAREAL MENDOZA vs. PUEBLO PACKING INC., BERKSHIRE HATHAWAY, OAK RIVER INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) denied Ricardo Villareal Mendoza's petition for removal. The petition argued that moving Mandatory Settlement Conferences (MSCs) from Santa Barbara to Oxnard caused irreparable harm due to travel burdens. The WCAB cited statutory authority and case law establishing its power to calendar hearings at different district offices based on available resources and space limitations. The Board also noted the availability of CourtCall and alternative arrangements for unrepresented workers to mitigate travel difficulties.

Petition for RemovalWorkers' Compensation Appeals BoardDivision of Workers' CompensationMandatory Settlement ConferenceVenueCourtCallIrreparable HarmJudicial PowersInherent PowersCalendar Control
References
Case No. ADJ7834761
Regular
Mar 25, 2014

ARCELIA TORRES vs. RALPHS, SEDGWICK CMS

The Workers' Compensation Appeals Board (WCAB) denied a petition for removal. The applicant sought removal due to a change in hearing location from Santa Barbara to Oxnard, citing inconvenience. The WCAB found this to be a mere inconvenience, not significant prejudice or irreparable harm. The Board affirmed its authority to calendar hearings at different district offices when judicial or space resources are limited, as per statutory provisions and its inherent judicial powers. The current arrangement, including the use of CourtCall, is a temporary measure while a more suitable Santa Barbara location is sought.

Petition for RemovalWorkers' Compensation Appeals BoardDivision of Workers' CompensationAdministrative Law JudgeWCJ ReportLabor Code § 138.2(b)Budgetary ConstraintsVenueCourtCallMandatory Settlement Conference
References
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