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

Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
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. ADJ8026676
Regular
May 04, 2012

GERARDO ELIZARRARAZ vs. DEL SOL FARM LABOR SERVICES, INC., ZENITH INSURANCE COMPANY

This case involves an applicant's petition for reconsideration and removal stemming from a Workers' Compensation Appeals Board (WCAB) decision denying a change of venue. The WCAB dismissed the petition for reconsideration because interlocutory procedural orders, such as venue decisions, are not final orders subject to reconsideration. The petition for removal was denied because the defendant failed to demonstrate substantial prejudice or irreparable harm, and the WCJ's venue determination was upheld. The WCAB affirmed the venue in Stockton, finding it was the closest district office to the applicant's residence, despite the defendant's reliance on an unofficial online guide.

Workers' Compensation Appeals BoardPetition for ReconsiderationDenying RemovalInterlocutory OrdersFinal OrdersSubstantive RightsLiabilitiesPre-trial OrdersDiscoveryTrial Setting
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. ADJ7188295
Regular
Aug 02, 2010

TRACEY CALHOUN vs. RAMONA MANOR CONVALESCENT HOME, ATHENS ADMINISTRATORS

The Workers' Compensation Appeals Board denied the employer's petition for removal and dismissed their petition for reconsideration. The employer sought to change venue from Los Angeles to Riverside based on the applicant's location and injury site. The Board found the order denying the venue change was procedural, not a final order, thus dismissing the reconsideration petition. They also denied removal, noting the employer's failure to verify the petition and lack of demonstrated irreparable harm or substantial prejudice.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalChange of VenueWCJ OrderFinal OrderSubstantive RightsProcedural OrderVerificationAppeals Board Rule 10410
References
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
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
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. ADJ7174342
Regular
Jul 29, 2010

ALVARO CARRILLO vs. CP MANUFACTURING, ZENITH INSURANCE

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration because it was sought from a non-final procedural order, not a final decision on substantive rights. The WCAB also denied the defendant's petition for removal, finding their objection to venue untimely. The defendant failed to file their venue objection within the 30-day window and did not provide the required sworn statement regarding receipt of notice. Therefore, venue remains in Los Angeles, though a future venue change for good cause is not precluded.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalOrder Denying Change of VenueFinal OrderProcedural OrderLabor Code section 5501.5(c)Appeals Board rule 10410Untimely ObjectionVenue
References
Case No. ADJ12293355
Regular
Jan 17, 2020

HEIDI MONTERROSO vs. ADVENTIST HEALTH FEATHER RIVER

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration because it sought review of a non-final order changing venue. The WCAB denied the Petition for Removal, finding that the change of venue to Redding was proper. This decision was based on the defendant's timely objection to the original venue, especially considering the destruction of the applicant's employer's facility by wildfire and the geographic distance involved. The WCAB also admonished the applicant's counsel to correctly file petitions for removal, not reconsideration, when addressing non-final orders.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalOrder Changing VenueWCAB Rule 10410Labor Code § 5501.5Labor Code § 5501.6timely objectionfinal orderinterlocutory order
References
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