CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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

Case No. MISSING
Regular Panel Decision

In Re Pavilion Place Associates

The case concerns a motion to transfer the Chapter 11 bankruptcy venue of Pavilion Place Associates, a Connecticut limited partnership, from the Southern District of New York to the District of Minnesota. The debtor's sole asset is a shopping center in Roseville, Minnesota. While the debtor's principal place of business, managerial decisions, and financial planning are in New York, the motion was brought by the Trustees of the Central Pension Fund, who are secured creditors. The court, presided over by Bankruptcy Judge Tina L. Brozman, acknowledged that venue was proper in New York. However, considering factors like the location of the assets, the proximity of the majority of creditors to Minnesota, and the need for economic and efficient administration of the estate, the court granted the motion to transfer the case to the District of Minnesota. The decision emphasized that improved real estate cases are often better administered in the district where the property is located.

Venue TransferBankruptcy Chapter 11Principal Place of BusinessInterest of JusticeConvenience of PartiesSingle Asset Real EstateShopping CenterSecured DebtUnsecured CreditorsJudicial Discretion
References
18
Case No. ADJ4019843
Regular
Oct 24, 2009

HENRYCE WOODARD vs. HIGHLANDER CHILDREN'S SERVICES, ACE AMERICAN

This case involves a dispute over the proper venue for a workers' compensation claim. The applicant initially filed in Los Angeles, where her attorney is located, but the defendant objected, arguing venue should be in Riverside where the injury occurred and the applicant resided. The Appeals Board granted the applicant's removal petition, rescinded the prior order changing venue to San Diego, and instead ordered venue transferred to Riverside.

RemovalVenueWorkers' Compensation Appeals BoardLabor Code § 5501.5Labor Code § 5501.6WCAB Rule 10410Industrial InjuryApplication for Adjudication of ClaimChange of VenueRiverside County
References
1
Case No. 12-12900-scc
Regular Panel Decision

In re Patriot Coal Corp.

This memorandum decision addresses motions to transfer the Chapter 11 cases of Patriot Coal Corporation and its ninety-eight affiliated debtors from the Southern District of New York. The Debtors established venue in New York by forming two New York entities solely for that purpose shortly before their filing. While acknowledging no bad faith, the Court found that this "literal compliance" violated the spirit and purpose of the venue statute. The motions to transfer were granted, but not to the Southern District of West Virginia as sought by several movants. Instead, the Court ordered the transfer of the cases to the United States Bankruptcy Court for the Eastern District of Missouri, citing the location of Patriot's corporate headquarters, records, management, and its accessibility for a broader range of stakeholders including retirees in the Illinois Basin.

BankruptcyChapter 11Venue TransferCorporate RestructuringCoal Mining IndustryAffiliate Venue RuleSubstance Over Form DoctrineJudicial EconomyCreditor InterestsLabor Union
References
27
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
3
Case No. ADJ7632437
Regular
Apr 20, 2015

MARIA GARCIA vs. HISTORIC SANTA MARIA INN, FIREMANS FUND INSURANCE COMPANY

In this workers' compensation case, the applicant sought to change venue from San Luis Obispo to Santa Barbara. The initial venue was based on her former attorney's location, but the applicant lives, worked, and was injured in Santa Barbara County, where her current attorney also practices. The Appeals Board granted removal, finding that the Santa Barbara "satellite office" functions as a full trial court office. Therefore, venue was changed to Santa Barbara, as statutory criteria for venue are met and substantial prejudice would result from maintaining the current location.

Petition for RemovalOrder Denying Change of VenueWorkers' Compensation Appeals BoardWCJVenueSan Luis ObispoSanta BarbaraSatellite OfficeLabor Code Section 5501.5Application for Adjudication of Claim
References
2
Case No. ADJ8138566
Regular
Apr 09, 2012

CHRISTINA NOVAK vs. AMERICAN GYMNASTICS CLUB, GALLAGHER BASSETT

This case involves a petition for removal filed by the applicant, Christina Novak, challenging a venue change to San Francisco. The Administrative Law Judge recommended denial, citing that the applicant's residence, injury location, and employer's location were all in San Francisco, justifying the initial venue. Furthermore, the ALJ noted the petition failed to demonstrate irreparable harm, a prerequisite for removal. The Workers' Compensation Appeals Board adopted the ALJ's report and denied the petition, upholding the San Francisco venue based on timely objection and applicant's circumstances.

Workers' Compensation Appeals BoardPetition for RemovalLabor Code section 5501.5(c)Venue changeApplication for Adjudication of ClaimAdministrative Law JudgeGymnastics coachSan FranciscoPomonaInjured employee
References
0
Case No. ADJ8171056
Regular

JUAN ARANA vs. JOHN FREE, dba BELLA CASA

This case concerns a dispute over the proper venue for a workers' compensation claim. The applicant initially chose Oakland as the venue, as it was his attorney's principal place of business. After the employer objected, the judge changed venue to Santa Rosa. The applicant appealed, arguing Oakland is closer to his residence. The Appeals Board granted the petition for removal, rescinded the venue change, and returned the case to the trial level to determine the correct venue based on proximity to the applicant's residence or injury location.

Petition for RemovalOrder Changing VenueLabor Code section 5501.5venue objectionapplicant's residenceinjury locationnearest appeals board officeWCJDecision After Removalrescind
References
0
Case No. Action No. 1 and Action No. 2 Consolidated
Regular Panel Decision

Government Employees Insurance v. Uniroyal Goodrich Tire Co.

This case involves appeals concerning the consolidation and venue of two actions arising from a fatal car accident in Broome County. Plaintiff Paul Schiffman, executor of the deceased Helds' estates, and plaintiff Government Employees Insurance Company (GEICO), the Helds' insurer, initiated separate actions against defendant Uniroyal Goodrich Tire Company in Monroe County. Uniroyal moved to consolidate the actions and change venue to Broome County, citing witness inconvenience. The Supreme Court denied Uniroyal's motion regarding venue. The appellate court found special circumstances warranted deviation from the general venue rules, reversing the lower court's decision and setting venue for the consolidated actions in Broome County. An appeal from a motion for reconsideration was dismissed.

Venue ChangeConsolidationProducts LiabilityNegligenceWrongful DeathFatal AccidentWitness InconvenienceAppellate ReviewDiscretionary AbuseBroome County Venue
References
7
Case No. ADJ6960749
Regular
Jun 07, 2010

AMALIA AGUILAR vs. PETALUMA VALLEY HOSPITAL, ST, JOSEPH HEALTH SYSTEM, THE HARTFORD, SEDGWICK CMS

This case involves a dispute over venue. The defendant timely objected to the applicant's initial filing venue, which was the attorney's principal place of business. The law mandates that if venue is based on the attorney's location and an objection is raised, venue must then be established in the county of the employee's residence or the injury site. Since the applicant resides in and was injured in Sonoma County, the Appeals Board granted the defendant's petition for removal. The Board rescinded a prior order that had set aside a change of venue and formally transferred the case to the Santa Rosa district office.

EAMSPetition for RemovalOrder Setting Aside Order of Change of VenueWCJPWCJDeclaration of Readiness to ProceedObjection to VenueLabor Code Section 5501.5WCAB Rule 10410Timeliness of Objection
References
4
Case No. MISSING
Regular Panel Decision

Claim of Maiorano v. Plumbing

Claimant applied for workers' compensation benefits after being injured as a plumber in New York City. Despite residing in Brooklyn, the claimant sought to have hearings in White Plains, Westchester County, for convenience. A Workers’ Compensation Law Judge denied this request, and the Workers’ Compensation Board affirmed, additionally assessing $500 in costs against the claimant’s counsel under Workers’ Compensation Law § 114-a (3) (ii). The appellate court affirmed the Board's decision, stating that the Board Chair has authority over hearing locations and the claimant failed to provide a reasonable basis for the change of venue. The court also upheld the penalty assessment, finding substantial evidence for the Board's determination that the request lacked a reasonable basis.

Workers' Compensation LawVenue ChangeAppellate ReviewProcedural DenialCost AssessmentJudicial AuthorityAdministrative DiscretionClaimant RightsBoard DecisionAffirmation
References
3
Showing 1-10 of 896 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational