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

Case No. ADJ9320206
Regular
May 08, 2014

MIKE VILLALOBOS vs. WESTERN VILLAGE HEALTH CLUB, STATE COMPENSATION INSURANCE FUND

This case involves applicant Mike Villalobos seeking removal of a decision denying his request to change venue from San Luis Obispo to Santa Barbara. The WCAB denied removal, holding that Santa Barbara only has a satellite office of the Oxnard District Office, not a formal WCAB district office. The Board deferred to the DWC's administrative construction that only district offices count for venue purposes, citing practical differences in staffing and facilities. Therefore, the original venue in San Luis Obispo was upheld.

Workers' Compensation Appeals BoardPetition for RemovalChange of VenueDistrict OfficeSatellite OfficeAdministrative ConstructionLabor Code Section 5501.5Goleta District OfficeOxnard District OfficeSanta Barbara Satellite Office
References
Case No. ADJ8534435
Regular
Jan 11, 2013

RONALD EHMAN vs. AMERICAN CIVIL CONSTRUCTORS, OLD REPUBLIC INSURANCE CORPORATION

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration because venue orders are not considered final. The Board also denied the defendant's Petition for Removal, finding the WCJ properly transferred venue to the Oakland District Office. This decision was based on the applicant's residence in Solano County and the injury occurring in Contra Costa County, neither of which have district offices, and Oakland being the nearest office to the injury site. The defendant failed to demonstrate irreparable harm would result from the venue change.

VenueReconsiderationRemovalLabor Code section 5501.5District OfficeApplicant ResidenceInjury LocationContra Costa CountySolano CountyOakland District Office
References
Case No. ADJ1407862 ADJ8053285
Regular
Jan 29, 2014

RAYMOND SCHAUER vs. WINDSOR UNIFIED SCHOOL DISTRICT, REDWOOD EMPIRE SCHOOL INSURANCE GROUP

In this workers' compensation case, venue is transferred from the Santa Rosa to the San Francisco District Office. This change is necessary because the assigned judge must recuse himself and the alternative judge has been disqualified. The San Francisco Presiding Judge will assign a new judge and schedule a lien conference. This order facilitates the continued proceedings for Applicant Raymond Schauer against Windsor Unified School District.

Venue changeRecusalJudge challengeAppeals Board Rule 10453Santa Rosa District OfficeSan Francisco District OfficePresiding JudgeLien conferencePermissibly Self-InsuredWindsor Unified School District
References
Case No. ADJ9908969
Regular
Aug 28, 2015

MICHAEL MCGRATH vs. OAKLAND UNIFIED SCHOOL DISTRICT, HAZELRIGG CLAIMS MANAGEMENT SERVICE

This case involves a dispute over venue for a workers' compensation claim. The employer, Oakland Unified School District, sought to transfer the case from Oxnard to Oakland, arguing the applicant resides and was injured in Oakland's jurisdiction, despite the application initially being filed in Oxnard based on the applicant's attorney's principal place of business. The Workers' Compensation Appeals Board (WCAB) granted removal, rescinding the judge's denial of the venue change. The WCAB found the judge applied the wrong legal standard and that the employer's objection to venue, made pursuant to Labor Code section 5501.5(c), mandated a transfer to Oakland.

Petition for RemovalOrder Denying Change of VenueWCJsubstantial prejudiceirreparable harmreconsiderationWCAB District OfficeOakland WCAB District OfficeOxnard WCAB District Officevenue transfer
References
Case No. ADJ10053885
Regular
Dec 24, 2015

MARK NEVITT vs. PARAMOUNT PAINTING, MARKEL SERVICES

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for removal, overturning an order denying a change of venue. The WCAB found that venue was proper in Santa Barbara because the applicant resides and his attorney's principal place of business is located there. The Board determined that the Santa Barbara office provides the same essential services as other district offices, making it a valid location for venue under Labor Code section 5501.5. Consequently, the case venue was transferred to the Santa Barbara District Office.

Petition for RemovalOrder Denying Change of VenueLabor Code Section 5501.5VenueDistrict OfficeSanta Barbara District OfficeSan Luis Obispo District OfficeApplicant's ResidencePlace of InjuryAttorney's Principal Place of Business
References
Case No. ADJ8962530
Regular
Oct 05, 2015

Angelina Campos vs. INTEGRATED HEALTH MANAGEMENT SERVICES, CNA CLAIMS PLUS

This case involves a workers' compensation applicant who initially filed in Santa Barbara but was rerouted to Oxnard and then San Luis Obispo. The applicant, now represented, sought to transfer venue back to Santa Barbara, arguing it was the proper location due to her residence, attorney's office, and original filing intent. The WCAB granted removal, rescinded the WCJ's denial, and ordered the venue transferred to Santa Barbara, finding it a valid district office with full services. The decision emphasizes that venue is mandatory in the county of residence or attorney's principal place of business if a district office exists there.

WCABPetition for RemovalChange of VenueLabor Code Section 5501.5Pro PerSan Luis Obispo District OfficeSanta Barbara District OfficeOxnard District OfficeApplication for Adjudication of ClaimCumulative Injury
References
Case No. ADJ2929021 (MON 0344046)
Regular
Feb 25, 2014

RONALD KELSEY vs. BARSTOW UNIFIED SCHOOL DISTRICT, SCRMA

This case concerns a Petition for Reconsideration filed by Barstow Unified School District and SCRMA (the defendants) regarding a decision issued on December 27, 2013. The petitioner, the defendants, has officially withdrawn their petition. Consequently, the Workers' Compensation Appeals Board has dismissed the petition. The dismissal order was issued on February 25, 2014.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationDismissedWithdrawnApplicantDefendantSchool DistrictSCRMASan Bernardino District OfficeConfidenital
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. ADJ7486243
Regular
May 23, 2011

WALTER ROSS III vs. SOUTHGATE PARKS AND RECREATION DISTRICT, YORK INSURANCE SERVICES GROUP, INC.

This case involves a Petition for Removal filed by Applicant Walter Ross III against Southgate Parks and Recreation District and York Insurance Services Group. The Workers' Compensation Appeals Board (WCAB) reviewed the petition and the WCJ's report. Finding no grounds for removal, the WCAB adopted the WCJ's reasoning and denied the petition. The order officially denies Walter Ross III's petition for removal.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ ReportDeny RemovalSouthgate Parks and Recreation DistrictYork Insurance Services GroupADJ7486243Oakland District OfficeDecision and OrderAdministrative Law Judge
References
Case No. ADJ3126264 (RIV 0065704) ADJ842531 (RIV 0065705)
Regular
May 25, 2010

VELMA L. LANKSTER vs. COMPTON UNIFIED SCHOOL DISTRICT, HAZELRIGG RISK MANAGEMENT SERVICES, INC.

The Workers' Compensation Appeals Board (WCAB) granted a joint petition for removal and ordered a change of venue for two cases to the Anaheim district office. This was done because a prior petition for venue change was not acted upon within the required timeframe, and the judge's subsequent order was untimely. Despite the procedural issue, the WCAB found good cause and consolidated the cases with other related matters in Anaheim.

Workers' Compensation Appeals BoardPetition for RemovalChange of VenueAnaheim District OfficeConsolidationPresiding Workers' Compensation Administrative Law JudgeEAMSTimelyJurisdictionGood Cause
References
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