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

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. 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. 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 The WCAB granted a petition for removal and rescinded the order changing venue to investigate whether the defendant received proper notice and an opportunity to object to the venue change.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. 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. ADJ7056249
Regular
Jun 29, 2012

OSVALDO GONZALEZ vs. FLOOR PLANS, STATE COMPENSATION INSURANCE FUND

The WCAB dismissed the defendant's petition for reconsideration as premature. However, the Board granted the defendant's petition for removal, rescinded the prior order changing venue, and returned the matter for a hearing. The original Order Granting Change of Venue lacked sufficient factual basis showing good cause for the transfer. The WCAB requires a hearing to properly address the defendant's opposition and for the WCJ to articulate specific good cause for any venue change.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalChange of VenueGood CauseWCJLabor Code section 5501.6Order Granting Change of VenueRescindedDecision After Removal
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. ADJ7169486
Regular
Sep 21, 2022

RICHARD VATTER vs. COUNTY OF SANTA BARBARA, CORVEL OXNARD, SUBSEQUENT INJURIES BENEFIT TRUSTS FUND

The Workers' Compensation Appeals Board granted the applicant's petition for removal to address an insufficient record concerning a denied change of venue. The original judge denied the venue change from Santa Barbara to Oxnard, despite the Subsequent Injuries Benefits Trust Fund (SIBTF) initially intending to grant it. Subsequently, SIBTF withdrew its objection, but the judge's decision was already issued, preventing consideration of this withdrawal. The Board rescinded the denial orders and returned the case for further proceedings to establish a proper record.

RemovalSubsequent Injuries Benefit Trusts FundChange of VenueWorkers' Compensation Appeals BoardCompromise and ReleasePetition for RemovalOrder Denying Change of VenueAmended OrderNotice of IntentionWithdrawal of Objection
References
Case No. ADJ7301029
Regular
Nov 22, 2016

ANGEL BARRAGAN vs. PARKER HANNIFIN CORPORATION

The Workers' Compensation Appeals Board granted the defendant's petition for removal to review an order changing the venue of the case. The Board found that the applicant failed to demonstrate good cause for the venue change under Labor Code section 5501.6. Specifically, the applicant's petition did not adequately identify witnesses, their addresses, or the substance of their testimony as required by statute. The Board rescinded the order changing venue and returned the matter for further proceedings to determine if good cause exists.

Petition for RemovalOrder Changing VenueLabor Code section 5501.6Workers' Compensation Appeals BoardVenueConvenience of WitnessesGood CausePetition VerificationOffer of ProofIndustrial Injury
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. 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
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