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

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. 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. 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. ADJ3867943 [SFO 0511706] ADJ 1789690 [SFO 0511707]
Regular
Sep 03, 2008

DOUGLAS MUNYER vs. STATE OF CALIFORNIA, CALIFORNIA HIGHWAY PATROL, STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES (Adjusting Agent)

The WCAB granted the defendants' petition for removal, rescinding a prior order that denied a change of venue. The Board found the judge's subsequent order changing venue was void due to exceeding jurisdictional time limits. However, the Board then exercised its removal power to grant the venue change to Sacramento.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationPetition for RemovalOrder Denying Change of VenuePresiding Workers' Compensation Administrative Law JudgeLabor Code Section 5310WCAB Rule 10843WCAB Rule 10859Interlocutory orderFinal order
References
Case No. ADJ10962162
Regular
May 17, 2018

ANNA MONTANARO vs. KEY CODE MEDIA, INC., HANOVER INSURANCE GROUP

The Workers' Compensation Appeals Board (WCAB) dismissed a petition for reconsideration because the order changing venue was not a final decision. The WCAB granted a petition for removal and rescinded the order changing venue to investigate whether the defendant received proper notice and an opportunity to object to the venue change. This due process concern arose because there was no proof of service for the notice of intent to change venue. The matter was returned to the Presiding WCJ for further proceedings.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalOrder Changing VenueNotice of Intent to Change VenueDue ProcessProof of ServiceInterlocutory OrderFinal OrderSubstantive Right
References
Case No. ADJ7056249
Regular
Jun 29, 2012

OSVALDO GONZALEZ vs. FLOOR PLANS, STATE COMPENSATION INSURANCE FUND

The WCAB dismissed the defendant's petition for reconsideration as premature. However, the Board granted the defendant's petition for removal, rescinded the prior order changing venue, and returned the matter for a hearing. The original Order Granting Change of Venue lacked sufficient factual basis showing good cause for the transfer. The WCAB requires a hearing to properly address the defendant's opposition and for the WCJ to articulate specific good cause for any venue change.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalChange of VenueGood CauseWCJLabor Code section 5501.6Order Granting Change of VenueRescindedDecision After Removal
References
Case No. ADJ8785965
Regular
Oct 16, 2013

BRIANA LATIGUE vs. VALLEY COMFORT, INC., INSURANCE COMPANY OF THE WEST

The Workers' Compensation Appeals Board denied the defendant's petition for removal, upholding the denial of their request to change venue. The applicant filed the claim in Marina Del Rey, despite residing and being employed in Modesto. The defendant failed to demonstrate substantial prejudice or irreparable harm, which is required for removal, and their initial petition for venue change lacked sufficient specificity regarding witness addresses and testimony. Therefore, the venue denial was proper, though the defendant can seek a venue change later.

Petition for RemovalPetition for Change of VenueWorkers' Compensation Appeals BoardLabor Code section 5501.5(a)(3)extraordinary remedysubstantial prejudiceirreparable harmsection 5501.6(b)convenience of witnesseswitness addresses
References
Case No. ANA 402211
Regular
Apr 14, 2008

CHERYL BUTLER DARBY vs. BARSTOW UNIFIED SCHOOL DISTRICT c/o SOUTHERN CALIFORNIA RISK MANAGEMENT ASSOCIATES, INC.

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal, overturning a prior order denying a change of venue. The Board found the defendant's objection to venue was timely filed, based on the applicant's attorney's principal place of business. Consequently, venue was changed to the San Bernardino district office, where the applicant resides and the injury occurred.

Petition for RemovalChange of VenueLabor Code section 5501.5(c)WCAB Rule 10410Principal Place of BusinessTimely ObjectionApplicant ResidenceCounty of InjurySan Bernardino District OfficeSanta Ana District Office
References
Case No. ADJ7169486
Regular
Sep 21, 2022

RICHARD VATTER vs. COUNTY OF SANTA BARBARA, CORVEL OXNARD, SUBSEQUENT INJURIES BENEFIT TRUSTS FUND

The Workers' Compensation Appeals Board granted the applicant's petition for removal to address an insufficient record concerning a denied change of venue. The original judge denied the venue change from Santa Barbara to Oxnard, despite the Subsequent Injuries Benefits Trust Fund (SIBTF) initially intending to grant it. Subsequently, SIBTF withdrew its objection, but the judge's decision was already issued, preventing consideration of this withdrawal. The Board rescinded the denial orders and returned the case for further proceedings to establish a proper record.

RemovalSubsequent Injuries Benefit Trusts FundChange of VenueWorkers' Compensation Appeals BoardCompromise and ReleasePetition for RemovalOrder Denying Change of VenueAmended OrderNotice of IntentionWithdrawal of Objection
References
Case No. ADJ8921826
Regular
Dec 02, 2013

ELVIA VELAZQUEZ NAVA vs. RUBIO'S RESTAURANTS, INC., LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration because it was filed against a non-final order. However, the Board granted removal on its own motion, finding sufficient grounds for a change of venue. The venue was transferred to the Pomona district office due to the significant inconvenience and expense for four key witnesses residing near Pomona who would testify regarding the applicant's employment and injury notification defense. This decision acknowledges that while the initial petition lacked specific street addresses, the cumulative hardship on witnesses justified the venue change.

Workers' Compensation Appeals BoardPetition for ReconsiderationRemoval on Board MotionDecision After RemovalChange of VenueLabor Code section 5501.6Presiding Workers' Compensation Administrative Law JudgeOrder Denying Petition for Change of VenueIndustrial cumulative trauma injuryApplicant's attorney's principal place of business
References
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