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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ9320206
Regular
May 08, 2014

MIKE VILLALOBOS vs. WESTERN VILLAGE HEALTH CLUB, STATE COMPENSATION INSURANCE FUND

This case involves applicant Mike Villalobos seeking removal of a decision denying his request to change venue from San Luis Obispo to Santa Barbara. The WCAB denied removal, holding that Santa Barbara only has a satellite office of the Oxnard District Office, not a formal WCAB district office. The Board deferred to the DWC's administrative construction that only district offices count for venue purposes, citing practical differences in staffing and facilities. Therefore, the original venue in San Luis Obispo was upheld.

Workers' Compensation Appeals BoardPetition for RemovalChange of VenueDistrict OfficeSatellite OfficeAdministrative ConstructionLabor Code Section 5501.5Goleta District OfficeOxnard District OfficeSanta Barbara Satellite Office
References
Case No. ADJ8534435
Regular
Jan 11, 2013

RONALD EHMAN vs. AMERICAN CIVIL CONSTRUCTORS, OLD REPUBLIC INSURANCE CORPORATION

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration because venue orders are not considered final. The Board also denied the defendant's Petition for Removal, finding the WCJ properly transferred venue to the Oakland District Office. This decision was based on the applicant's residence in Solano County and the injury occurring in Contra Costa County, neither of which have district offices, and Oakland being the nearest office to the injury site. The defendant failed to demonstrate irreparable harm would result from the venue change.

VenueReconsiderationRemovalLabor Code section 5501.5District OfficeApplicant ResidenceInjury LocationContra Costa CountySolano CountyOakland District Office
References
Case No. ADJ8962530
Regular
Oct 05, 2015

Angelina Campos vs. INTEGRATED HEALTH MANAGEMENT SERVICES, CNA CLAIMS PLUS

This case involves a workers' compensation applicant who initially filed in Santa Barbara but was rerouted to Oxnard and then San Luis Obispo. The applicant, now represented, sought to transfer venue back to Santa Barbara, arguing it was the proper location due to her residence, attorney's office, and original filing intent. The WCAB granted removal, rescinded the WCJ's denial, and ordered the venue transferred to Santa Barbara, finding it a valid district office with full services. The decision emphasizes that venue is mandatory in the county of residence or attorney's principal place of business if a district office exists there.

WCABPetition for RemovalChange of VenueLabor Code Section 5501.5Pro PerSan Luis Obispo District OfficeSanta Barbara District OfficeOxnard District OfficeApplication for Adjudication of ClaimCumulative Injury
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. ADJ 2662045 (RIV 81817)
Regular
Aug 26, 2008

GUADALUPE ALARCON vs. JOHN BATMAN dba TIRES & WHEELS OF AMERICA, PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY, ILLINOIS MIDWEST INSURANCE COMPANY

The petition for removal is denied because the venue was correctly transferred to the San Diego district office, as there is no district office in Imperial County where the applicant resides and the injury occurred.

Petition for RemovalOrder Changing VenueVenue TransferLabor Code 5501.5Attorney's Principal Place of BusinessConvenience of WitnessesApplication for Adjudication of ClaimDeclaration of Readiness to ProceedExpedited HearingWCAB Rule 10410
References
Case No. ADJ1407862 ADJ8053285
Regular
Jan 29, 2014

RAYMOND SCHAUER vs. WINDSOR UNIFIED SCHOOL DISTRICT, REDWOOD EMPIRE SCHOOL INSURANCE GROUP

In this workers' compensation case, venue is transferred from the Santa Rosa to the San Francisco District Office. This change is necessary because the assigned judge must recuse himself and the alternative judge has been disqualified. The San Francisco Presiding Judge will assign a new judge and schedule a lien conference. This order facilitates the continued proceedings for Applicant Raymond Schauer against Windsor Unified School District.

Venue changeRecusalJudge challengeAppeals Board Rule 10453Santa Rosa District OfficeSan Francisco District OfficePresiding JudgeLien conferencePermissibly Self-InsuredWindsor Unified School District
References
Case No. ADJ2312171 (SDO 0267352) ADJ6808818
Regular
Jan 19, 2012

MICHAEL BERMUDEZ vs. SAFELITE GLASS CORP.; SPECIALTY RISK SERVICES

The Appeals Board granted the applicant's Petition for Removal, overturning the denial of his motion for a change of venue. The applicant, residing in Salida, sought to transfer his case from the San Jose to the Stockton District Office. Good cause was established by the applicant's difficulty traveling to San Jose due to his injuries and his securing representation from a Stockton attorney, as evidenced by a letter from counsel. Consequently, venue was changed to the Stockton District Office.

Petition for RemovalChange of VenueStockton District OfficeSan Jose District OfficeGood CauseLabor Code Section 5501.5(a)(2)Labor Code Section 5501.6(a)Workers' Compensation Appeals BoardPresiding Workers' Compensation Administrative Law JudgeApplicant Representation
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. ADJ6511067
Regular
Apr 01, 2014

PAUL SOLDI vs. SAN DIEGO UNIFIED SCHOOL DISTRICT

This is an order granting the San Diego Unified School District's Petition for Reconsideration in the case of Paul Soldi. The Workers' Compensation Appeals Board (WCAB) determined that reconsideration is necessary to thoroughly review the factual and legal issues presented. This action is being taken to ensure a complete understanding of the record and to enable the WCAB to issue a just and reasoned decision. Further proceedings may be ordered as appropriate.

Workers' Compensation Appeals BoardPetition for ReconsiderationSan Diego Unified School DistrictYork Risk Services GroupADJ6511067Opinion and OrderStatutory time constraintsFactual and legal issuesJust and reasoned decisionDecision After Reconsideration
References
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