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

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ10053885
Regular
Dec 24, 2015

MARK NEVITT vs. PARAMOUNT PAINTING, MARKEL SERVICES

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for removal, overturning an order denying a change of venue. The WCAB found that venue was proper in Santa Barbara because the applicant resides and his attorney's principal place of business is located there. The Board determined that the Santa Barbara office provides the same essential services as other district offices, making it a valid location for venue under Labor Code section 5501.5. Consequently, the case venue was transferred to the Santa Barbara District Office.

Petition for RemovalOrder Denying Change of VenueLabor Code Section 5501.5VenueDistrict OfficeSanta Barbara District OfficeSan Luis Obispo District OfficeApplicant's ResidencePlace of InjuryAttorney's Principal Place of Business
References
Case No. ANA 402211
Regular
Apr 14, 2008

CHERYL BUTLER DARBY vs. BARSTOW UNIFIED SCHOOL DISTRICT c/o SOUTHERN CALIFORNIA RISK MANAGEMENT ASSOCIATES, INC.

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal, overturning a prior order denying a change of venue. The Board found the defendant's objection to venue was timely filed, based on the applicant's attorney's principal place of business. Consequently, venue was changed to the San Bernardino district office, where the applicant resides and the injury occurred.

Petition for RemovalChange of VenueLabor Code section 5501.5(c)WCAB Rule 10410Principal Place of BusinessTimely ObjectionApplicant ResidenceCounty of InjurySan Bernardino District OfficeSanta Ana District Office
References
Case No. ADJ10444519
Regular
Apr 11, 2019

JORGE ZUNIGA vs. WASTE MANAGEMENT, INC., ACE AMERICAN INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal, upholding an administrative law judge's order to change venue to the San Diego District Office. The defendant argued improper service of the venue change petition and the subsequent order, but the Board found no substantial prejudice or irreparable harm, deferring the service and sanctions issue to the trial court. The venue change was justified by applicant's attorney's principal place of business being in San Diego and the injury's location.

Petition for RemovalChange of VenueWorkers' Compensation Appeals BoardWCJService of ProcessSanctionsLabor Code Section 5501.5Cumulative TraumaApplication for Adjudication of ClaimGood Cause
References
Case No. ADJ 8101286
Regular
Apr 09, 2012

BLANCA LARA vs. FOSTER FARMS

The Workers' Compensation Appeals Board (WCAB) denied Foster Farms' petition for removal, upholding the initial decision to deny a change of venue. The defendant argued for transfer to the Long Beach office based on Labor Code Section 5501.5, claiming the applicant's attorney's principal place of business was an improper venue choice. However, the WCAB found venue appropriate in Los Angeles County, as the applicant resided there, and the injury allegedly occurred there. No other grounds for good cause to transfer venue were established.

Petition for RemovalVenueLabor Code Section 5501.5Workers' Compensation Appeals BoardAdministrative Law JudgeCumulative TraumaPrincipal Place of BusinessObjectionsChange of VenueApplicant Residence
References
Case No. ADJ7669691
Regular
Aug 02, 2012

Ellis Hobbs vs. New England Patriots, Philadelphia Eagles, Great Divine Insurance Company c/o Berkley Specialty Underwriting Managers

Great Divide Insurance Company (GDIC) sought to change venue from Anaheim to San Francisco for a workers' compensation claim filed by applicant Ellis Hobbs. Hobbs initially chose Anaheim as the venue based on his attorney's principal place of business. GDIC timely objected to this venue selection, as permitted by Labor Code section 5501.5(c). Because Hobbs does not reside in California and his last injurious exposure occurred in San Francisco, the Appeals Board granted GDIC's Petition for Removal and ordered the venue changed to the San Francisco district office.

Petition for RemovalVenueLabor Code section 5501.5Principal place of businessObjection to Venue SelectionLast alleged injurious exposureSan Francisco district officeAnaheim district officeWorkers' Compensation Appeals BoardPetition to Change Venue
References
Case No. ADJ8017582
Regular
Aug 02, 2012

RONALD BRENT ALEXANDER vs. NEW YORK GIANTS, BERKLEY SPECIALTY; PITTSBURG STEELERS; ARIZONA CARDINALS; CAROLINA PANTHERS

This case involves a dispute over venue for a workers' compensation claim filed by a former professional football player. The applicant initially selected the Santa Ana district office based on his attorney's principal place of business. However, the defendant insurance carrier timely objected to this venue, arguing that pursuant to Labor Code section 5501.5(c), venue must be in the county of the applicant's residence or last injurious exposure if an objection is raised. As the applicant does not reside in California, the Board granted the petition for removal and remanded the case to determine the county of last exposure to establish proper venue.

Petition for RemovalVenue TransferLabor Code Section 5501.5Principal Place of BusinessObjection to VenueLast Injurious ExposureWCAB Rule 10410Applicant's ResidenceIndustrial InjuryProfessional Football Player
References
Case No. ADJ6687863
Regular
Nov 09, 2010

BILLY WILLIAMS vs. KAZAKOFF CONSTRUCTION CO., CALIFORNIA INSURANCE COMPANY

The defendant's unverified petition for removal was dismissed for failing to meet verification requirements. However, the Workers' Compensation Appeals Board (WCAB) removed the case on its own motion due to the importance of the venue issue. The WCAB found that venue was improperly transferred to Anaheim due to clerical error, as the applicant resided in Riverside County, the injury occurred in Riverside County, and the applicant's original attorney's principal place of business was Riverside. Therefore, venue was changed back to the Riverside district office.

Petition for RemovalVerified PetitionPetition for Change of VenueLabor Code section 5501.5VenueRiversideAnaheimClerical ErrorDeclaration of Readiness to Proceed (DOR)Mandatory Settlement Conference (MSC)
References
Case No. ADJ9532869; ADJ9532720
Regular
Feb 15, 2019

JORGE AGUILAR vs. ALTMAN SPECIALTY PLANTS, TRAVELERS INSURANCE COMPANY

The WCAB granted the defendant's Petition for Removal and rescinded a prior order that had vacated a venue transfer. The Board found that the original judge who approved stipulations should retain jurisdiction for subsequent proceedings, consistent with Labor Code section 5700 and WCAB Rule 10346. Venue for both cases was transferred to the Los Angeles District Office, the applicant's attorney's principal place of business, also supporting jurisdiction under Labor Code section 5501.5. The WCAB noted that procedural irregularities justified setting aside the parties' stipulation regarding Riverside venue.

Petition for RemovalOrder RescindingOrder Transferring VenueWCABWCJVenue TransferLabor Code 5700WCAB Rule 10346Stipulations with Request for AwardMutual Mistake of Fact
References
Case No. SBR 0315782
Regular
Jul 30, 2007

GORDON ADAMS vs. SOUTHLAND DRYWALL COMPANY, STATE COMPENSATION INSURANCE FUND

This case concerns a lien claimant, Premier Outpatient Surgery Center, Inc., whose lien was denied because it allegedly did not use its full corporate name or have a fictitious business name permit. The Appeals Board rescinded the denial and returned the case for further proceedings, finding that Premier was properly licensed as an outpatient facility and that the defendant did not timely raise the fictitious business name statement issue. The Board clarified that a facility fee lien claimant is not required to have a Medical Board fictitious-name permit, but may need to file a fictitious business name statement if operating under a name other than its legal corporate name.

Workers Compensation Appeals BoardLien ClaimantFictitious Business Name StatementFictitious-Name PermitBusiness & Professions Code Section 17910Business & Professions Code Section 2415(a)Medical Board of CaliforniaOutpatient SettingFacility FeeCompromise and Release
References
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