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

Case No. ADJ438284 (ANA 0339880)
Regular
Mar 14, 2013

BRIDGETT HENRY vs. HARVEST CHRISTIAN FELLOWSHIP, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

The Appeals Board granted Applicant's Petition for Removal, overturning the WCJ's denial of a venue change from Marina del Rey to Goleta. Applicant demonstrated good cause for the transfer due to severe health issues exacerbated by the long commute to Marina del Rey. Although neither party's cited statutes definitively mandated the change, the Board prioritized Applicant's health concerns, granting the venue modification. Therefore, the case will now proceed in the Goleta district office.

Petition for RemovalChange of VenueGood CauseLabor Code section 5501.6Health RisksPulmonary ConditionNebulizerIndustrial InjuryPsycheInternal Injury
References
Case No. ADJ8278794
Regular
Oct 10, 2013

DAHLIA DIAZ vs. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA; SEDGWICK CMS

The Workers' Compensation Appeals Board granted the employer's Petition for Removal, reversing the denial of their request for a change of venue. The Board found that the employer sufficiently detailed the substance of testimony from three Riverside County witnesses, fulfilling the requirements of Labor Code Section 5501.6(b). The original venue was Marina Del Rey, while the witnesses reside in Riverside and would face significant hardship traveling for a hearing. Therefore, the venue was officially changed from Marina Del Rey to the Riverside district office.

Petition for RemovalChange of VenueConvenience of WitnessesLabor Code Section 5501.6Presiding Workers' Compensation Administrative Law JudgeIndustrial InjuryCustodianMarina Del ReyRiversideSubstance of Testimony
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. ADJ7912638
Regular
Apr 17, 2013

MARIA CASTREJON vs. BOLTHOUSE FARMS INC., BROADSPIRE

This case involves a petition for removal by the defendant, Bolthouse Farms, seeking to change the venue from Marina del Rey to Bakersfield. The defendant argued inconvenience for the applicant and witnesses residing in Kern County. Although the initial judge denied the venue change due to insufficient witness detail, the Appeals Board granted the petition for removal. The Board ultimately changed the venue to Bakersfield, considering the applicant's lack of opposition and the overall balance of equities.

Petition for RemovalChange of VenueWorkers' Compensation Appeals BoardLabor Code Section 5501.5(a)(3)Kern CountyBolthouse FarmsMarina del ReyBakersfieldIndustrial InjuryReduction in Workforce
References
Case No. ADJ8321260
Regular
Mar 28, 2013

YOUNAS KHAN vs. VANGUARD SECURITY SERVICES, INC., EVERETT NATIONAL INSURANCE administered by GALLAGHER BASSETT SERVICES

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration as improperly filed against a non-final order. The WCAB granted removal on its own motion, rescinded the prior order denying a venue change, and granted the defendant's petition to transfer the case from Marina del Rey to Stockton. This decision was based on the applicant residing in Stockton and the injury occurring there, establishing good cause for the venue change despite some procedural deficiencies in the defendant's initial objection. The WCAB noted the defendant's objection letter supported the claim of timely filing and that the applicant did not oppose the venue change.

Workers Compensation Appeals BoardPetition for ReconsiderationRemovalChange of VenueLabor Code Section 5501.5Labor Code Section 5310Presiding JudgeVenue ObjectionTimelinessProof of Service
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
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. 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. ADJ9928626 ADJ9928628
Regular
Feb 09, 2016

AMPARO REYES vs. SODEXO, NEW HAMPSHIRE INSURANCE COMPANY

This Workers' Compensation Appeals Board order dismisses a Petition for Removal. The petitioner withdrew the petition as per a prior hearing's minutes. The Board admonishes the claims administrator and its attorney for failing to notify the Board of a settlement and to withdraw the petition at the appropriate time. The Petition for Removal is therefore officially dismissed.

Petition for RemovalWithdrawn PetitionMinutes of HearingClaims AdministratorSettlement NotificationAppeals BoardDismissed OrderWorkers' Compensation Appeals BoardGallagher BassettLinda T. Condra
References
Case No. ADJ8207723
Regular
Oct 22, 2013

MARTA LINARES CLEMENTE vs. FEDERAL CLEANING CONTRACTORS, ZURICH NORTH AMERICA CLAIMS

This case involves Marta Linares Clemente as the applicant against Federal Cleaning Contractors and Zurich North America Claims. The Workers' Compensation Appeals Board (WCAB) considered a Petition for Removal filed by the applicant. The WCAB has issued an order denying this Petition for Removal, adopting the reasoning of the workers' compensation administrative law judge. Therefore, the applicant's request to remove the case from its current procedural status has been rejected.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ reportdeny removalADJ8207723Federal Cleaning ContractorsZurich North America ClaimsMarta Linares Clementeadministrative law judgeMarina del Rey District Office
References
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