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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. ADJ8750816
Regular
Jul 31, 2014

KAMIKA BEASLEY vs. SECURITAS, SEDGWICK

The Workers' Compensation Appeals Board granted the applicant's petition for removal, reversing the prior denial of a change of venue. The applicant demonstrated good cause by residing in Vallejo, her injury occurring in Sacramento, and no longer having an attorney in the original Anaheim venue. Therefore, the case venue was changed to the Oakland district office, and the trial was continued.

Petition for RemovalChange of VenueWorkers' Compensation Appeals BoardPresiding Workers' Compensation Administrative Law JudgePetition to Change VenuePetition for Change of VenueGood CauseMandatory Settlement ConferenceApplication for Adjudication of ClaimIndustrial Injury
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. ADJ7578334
Regular
Sep 27, 2011

ARGELIA MARTINEZ vs. J & R HOCK ENTERPRISES, INC., CALIFORNIA RESTAURANT MUTUAL BENEFIT CORPORATION

The Workers' Compensation Appeals Board (WCAB) granted removal and changed venue to San Bernardino after the defendant's petition to do so was initially denied. The defendant timely filed a petition to change venue from Long Beach to San Bernardino based on the applicant's residence and injury location. Despite procedural issues with filing, the WCAB determined the petition was timely under Labor Code section 5501.5(c) and WCAB Rule 10410. Therefore, venue was changed to San Bernardino as required by law.

Workers' Compensation Appeals BoardPetition to Change VenueWCAB Rule 10410Labor Code section 5501.5(c)Petition for Removalvenueindustrial injuryfood preparerapplicant's residencelocation of injury
References
Case No. LBO 0328398
Regular
Aug 28, 2007

WILLIAM PITTS vs. A. TEICHERT \& SON, INC.

The Workers' Compensation Appeals Board dismissed the employer's petition for removal as untimely, as it was filed more than 20 days after the notice of hearing. Furthermore, the Board would have denied the petition on its merits because the employer failed to object to venue within the statutory 30-day period after receiving notice of the case. The employer also did not demonstrate good cause for a change of venue or inconvenience of witnesses.

Petition for RemovalAsbestos CalendarVenueLabor Code Section 5500.5Class Action CertificationApplicant ResidenceInjurious ExposureVenue ObjectionWCAB Rule 10843(b)Untimely Petition
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. 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. ADJ10573361
Regular
Mar 30, 2017

WANDA VAGT vs. REXNORD INDUSTRIES, THE HARTFORD, CORVEL

This case concerns Wanda Vagt's petition for reconsideration of a prior decision. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to allow for a thorough review of the factual and legal issues. The underlying dispute involves a change of venue requested by the defendant, Rexnord Industries, which the Applicant argued exceeded the judge's authority. The WCAB's decision to grant reconsideration indicates they need further information to issue a just ruling on the venue dispute and other related matters.

Workers' Compensation Appeals BoardPetition for ReconsiderationActing Presiding Workers' Compensation Law JudgeOrder Changing VenuePetition for Removalsubstantial prejudiceirreparable harmchange of venuevenue requirementsex parte appearance
References
Case No. ADJ8682322
Regular
Jun 26, 2013

MARILYN VIELMA vs. BAKERSFIELD MEMORIAL HOSPITAL, DIGNITY HEALTH c/o SEDGWICK CMS

The Workers' Compensation Appeals Board granted the defendant hospital's petition for removal, reversing an earlier denial of their venue change request. The defendant argued their objection to the Marina Del Rey venue was timely filed within 30 days of receiving the adjudication case number and venue notice. The Board found the objection was indeed filed on the 30th day after the defendant's claims administrator received notice. Consequently, venue was changed to the Bakersfield district office, as required by statute when an objection is timely.

Petition for RemovalPetition for Change of Venueuntimelythirtieth dayNotice of ApplicationvenueCNA techindustrial injuryApplication for Adjudication of ClaimLabor Code section 5501.5
References
Case No. ADJ8785965
Regular
Oct 16, 2013

BRIANA LATIGUE vs. VALLEY COMFORT, INC., INSURANCE COMPANY OF THE WEST

The Workers' Compensation Appeals Board denied the defendant's petition for removal, upholding the denial of their request to change venue. The applicant filed the claim in Marina Del Rey, despite residing and being employed in Modesto. The defendant failed to demonstrate substantial prejudice or irreparable harm, which is required for removal, and their initial petition for venue change lacked sufficient specificity regarding witness addresses and testimony. Therefore, the venue denial was proper, though the defendant can seek a venue change later.

Petition for RemovalPetition for Change of VenueWorkers' Compensation Appeals BoardLabor Code section 5501.5(a)(3)extraordinary remedysubstantial prejudiceirreparable harmsection 5501.6(b)convenience of witnesseswitness addresses
References
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