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

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
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. ADJ10833548
Regular
May 22, 2018

REINA CHUR vs. DOUGLAS EMMETT MANAGEMENT, LLC, GALLAGHER BASSETT

The Workers' Compensation Appeals Board granted applicant Reina Chur's petition for removal, overturning an order denying her request to change venue. The Board found good cause to transfer the case from Marina Del Rey to Los Angeles, citing financial hardship, continuity of records, and the fact that the applicant's attorney's office is located in Los Angeles. This decision aims to consolidate related claims for judicial economy and convenience, as the applicant has two other active cases against the same employer filed in the Los Angeles district office.

Petition for RemovalChange of VenueLabor Code section 5501.6Good CauseFinancial HardshipContinuity of RecordSelection of AttorneyJudicial EconomyWCABOrder Denying Change of Venue
References
Case No. ADJ11163911
Regular
Jul 25, 2018

MIGUEL SANTOS ISLA vs. SKYLARK INDUSTRIES, PROCENTURY INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's petition for removal, upholding the WCJ's decision to deny a change of venue from Marina del Rey to Pomona. The defendant argued venue should shift due to witness inconvenience and travel time. The Board found the WCJ properly exercised discretion and that removal is an extraordinary remedy not warranted here. The applicant initially selected Marina del Rey venue based on their attorney's location.

Petition for RemovalChange of VenueWorkers' Compensation Appeals BoardWCJLabor Code Section 5501.5Labor Code Section 5501.6Good CauseWitness ConvenienceSubstantial PrejudiceIrreparable Harm
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. ADJ7660885
Regular
May 11, 2011

CYNTHIA KRAMER vs. DANA GAWLEY, D.D.S. & JEFF GAWLEY, D.D.S., EMPLOYERS COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration, rescinding an award of $2,712.50 in attorney fees. The Board found that the award was improperly issued by a judge outside of the correct venue. Venue had previously been transferred to the Sacramento WCAB District Office, making the original award invalid. The case is now returned to Sacramento for further proceedings.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Awarding Attorney FeesDeposition Attorney FeesTravel TimeVenue ChangeElectronic Adjudication Management SystemPetition for Change of VenueMarina Del Rey WCAB District OfficeSanta Ana WCAB District Office
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. ADJ402260 (MON 0284448)
Regular
Jan 30, 2012

MARTIN REYES vs. AMERICAN HARDWOOD, CIGA for RELIANCE INSURANCE, in liquidation

This case involves applicant Martin Reyes seeking reconsideration of a prior decision. The Workers' Compensation Appeals Board (WCAB) has granted the petition for reconsideration. This action is taken to allow for further study of the factual and legal issues, ensuring a just and reasoned decision. All future filings in this matter should be directed to the WCAB's Office of the Commissioners in San Francisco.

Petition for ReconsiderationWorkers' Compensation Appeals BoardCIGAReliance Insurance liquidationStatutory time constraintsFactual and legal issuesJust and reasoned decisionDecision After ReconsiderationOffice of the CommissionersLocal office
References
Case No. ADJ2786973
Regular
Oct 07, 2009

RTHUR B. DAVIS vs. CENTINELA STATE PRISON

The Appeals Board granted Applicant’s petition for removal, rescinding the order that changed venue from Marina Del Rey to San Diego. The defendant’s objection to venue was untimely.

Petition for RemovalOrder Granting Change of VenueWCAB Rule 10410WCAB Rule 10843(a)Labor Code section 5501(a)(3)Labor Code section 5501.5(c)Venue ObjectionTimeliness of ObjectionProof of ServiceRescinded Order
References
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