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

Case No. MISSING
Regular Panel Decision
Nov 12, 1982

Naples v. Daubert Chemical Co.

This case involves multiple motions for a change of venue. An order entered June 23, 1981, denying defendant’s motion for a change of venue to Richmond County, was affirmed. An appeal from an order entered April 28, 1982, which denied a motion to change venue to Orange County, was dismissed as superseded. Finally, an order entered November 12, 1982, denying defendant’s motion for renewal of the April 28, 1982 order, was reversed. Upon renewal, the motion to change venue to Orange County was granted, as there was no nexus between New York County and the cause of action, and the accident occurred in Orange County where the plaintiff resided.

Change of VenueDiscretionary RulingSitus of ActionPlaintiff's ResidenceAttorney ConvenienceAppellate ReviewMotion for RenewalSupreme CourtNew York CountyOrange County
References
2
Case No. ADJ8796312
Regular
Aug 09, 2013

GEORGE WALKER vs. CEDARS SINAI MEDICAL CENTER, TRISTER SAN DIEGO

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration because it was not taken from a final order, as it concerned an interlocutory decision denying a change of venue. The Board also denied the defendant's request for removal, adopting the judge's reasoning that no substantial prejudice or irreparable harm was shown. The defendant's initial petition for change of venue was denied for failing to meet statutory requirements by not disclosing witness names, addresses, and testimony substance. Consequently, the Board upheld the prior order denying the venue change.

Petition for ReconsiderationPetition for RemovalFinal OrderInterlocutory OrderSubstantive RightLiabilityVenueChange of VenueLabor Code Section 5501.6Prejudice
References
6
Case No. ADJ7427597
Regular
Jan 05, 2011

JESUS CAZARES vs. SILVER OAK WINE CELLARS LP, REPUBLIC INDEMNITY ENCINO

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Reconsideration because the order denying a change of venue was not a final order. The WCAB also denied the defendant's Petition for Removal, finding no showing of significant prejudice or irreparable harm. The WCJ correctly denied the venue change petition as it failed to comply with procedural requirements. Either party may seek a venue change at the trial level upon proper petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalOrder Denying Change of VenueLabor Code section 5501.5Venue ObjectionAdjudication Case NumberCalifornia Code of Regulations 10410Substantive RightsFinal Order
References
5
Case No. ADJ6887918
Regular
May 24, 2010

GREGORY KISTLER (Deceased) MEREDITH KISTLER vs. KODIAK UNION ROOFING, CYPRESS INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration and denied their petition for removal. The defendant sought reconsideration of an order denying a change of venue from San Francisco to Sacramento due to witness convenience. The WCAB found the order denying the venue change was not a final order and thus not subject to reconsideration. Furthermore, the WCAB adopted the PWCJ's reasoning to deny removal, finding no substantial prejudice or irreparable injury to the defendant.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalChange of VenuePresiding Workers' Compensation Administrative Law JudgeFinal OrderInterlocutory OrderSubstantive RightsIrreparable InjurySubstantial Prejudice
References
4
Case No. ADJ1632140 (RDG 0130431)
Regular
Oct 10, 2008

SHARYN LYNNE SALA vs. STATE OF CALIFORNIA, DEPARTMENT OF INDUSTRIAL RELATIONS, Legally Uninsured, and Adjusted By STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration because the order denying a change of venue was not a final order determining substantive rights or liabilities. Furthermore, the WCAB denied the applicant's petition for removal, finding no significant prejudice or irreparable harm to justify this extraordinary remedy, as the venue change followed procedural guidelines. Consequently, the applicant's request to have the case heard in Redding was denied, and the matter remains venued in Sacramento.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationOrder Denying Change of VenuePresiding Workers' Compensation Administrative Law JudgeLabor Code section 5501.5Convenience of ApplicantInterlocutory Procedural OrdersFinal OrderSubstantive RightLiability
References
7
Case No. ADJ1992658
Regular
Feb 05, 2009

MARTIN MURGUIA vs. UNION ASPHALT, INC., THE TRAVELERS INSURANCE

The Workers' Compensation Appeals Board dismissed the defendant employer's petition for reconsideration and denied its request for removal. The employer sought to change the venue of the workers' compensation claim from Los Angeles to Grover Beach. The Board found the order denying the change of venue was not a final order subject to reconsideration. Furthermore, the employer failed to demonstrate significant prejudice or irreparable harm to warrant removal. The Board also noted the employer's insufficient justification for a venue change based on witness convenience.

Workers' Compensation Appeals BoardPetition for ReconsiderationDenying RemovalChange of VenueAdministrative Law JudgeLabor CodeInterlocutory OrderSubstantive RightExtraordinary RemedySignificant Prejudice
References
8
Case No. ADJ7038048
Regular
May 27, 2010

AUDREY COLEMAN vs. AEP-SPAN, XL SPECIALTY INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration because the underlying order denying a change of venue was not a final order. The WCAB also denied the defendant's petition for removal, finding no substantial prejudice or irreparable harm justifying this extraordinary remedy. The WCAB noted the defendant's change of venue petition was untimely under Labor Code section 5501.5(c). Parties are advised to seek a venue change at the trial level if appropriate.

WCABPetition for ReconsiderationPetition for RemovalChange of VenueUntimely PetitionLabor Code Section 5501.5(c)Final OrderAdministrative Law JudgeWCJ ReportSignificant Prejudice
References
5
Case No. ADJ11099310
Regular
Mar 19, 2018

TYLER SANCHEZ vs. THE JACMAR COMPANIES dba SHAKEY'S PIZZA; INSURANCE COMPANY OF THE WEST

The Appeals Board dismissed the defendant's Petition for Reconsideration because the order denying a change of venue was not a final order, and thus not subject to reconsideration. The Petition for Removal was denied because the defendant failed to demonstrate substantial prejudice or irreparable harm. Furthermore, the defendant's failure to file a proof of service with its initial petition and its failure to serve the applicant on the venue change request were grounds for denial. Even with a late submission of proof of service, the failure to serve the applicant on the venue change petition was a fatal defect.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalChange of VenueProof of ServiceLabor Code Section 5501.5(c)WCAB Rule 10450(f)Non-final OrderSubstantial PrejudiceIrreparable Harm
References
6
Case No. ADJ7220508
Regular
Oct 29, 2010

ANDREW PORTILLO vs. WAL-MART ASSOCIATES, INC. administered by AVIZENT

The Workers' Compensation Appeals Board (WCAB) dismissed Wal-Mart's petition for reconsideration and denied its petition for removal regarding a denied change of venue. The WCAB found that the order denying the venue change was not a final order, thus not subject to reconsideration under Labor Code section 5900. The Board also adopted the findings of the acting presiding judge in denying the removal petition. Therefore, the case will proceed as originally scheduled.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalChange of VenueFinal OrderLabor Code section 5900District OfficeSan Bernardino CountyLong Beach District OfficeSubstantive Rights
References
1
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
0
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