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

Case No. ADJ4019843
Regular
Oct 24, 2009

HENRYCE WOODARD vs. HIGHLANDER CHILDREN'S SERVICES, ACE AMERICAN

This case involves a dispute over the proper venue for a workers' compensation claim. The applicant initially filed in Los Angeles, where her attorney is located, but the defendant objected, arguing venue should be in Riverside where the injury occurred and the applicant resided. The Appeals Board granted the applicant's removal petition, rescinded the prior order changing venue to San Diego, and instead ordered venue transferred to Riverside.

RemovalVenueWorkers' Compensation Appeals BoardLabor Code § 5501.5Labor Code § 5501.6WCAB Rule 10410Industrial InjuryApplication for Adjudication of ClaimChange of VenueRiverside County
References
1
Case No. Action No. 1 and Action No. 2 Consolidated
Regular Panel Decision

Government Employees Insurance v. Uniroyal Goodrich Tire Co.

This case involves appeals concerning the consolidation and venue of two actions arising from a fatal car accident in Broome County. Plaintiff Paul Schiffman, executor of the deceased Helds' estates, and plaintiff Government Employees Insurance Company (GEICO), the Helds' insurer, initiated separate actions against defendant Uniroyal Goodrich Tire Company in Monroe County. Uniroyal moved to consolidate the actions and change venue to Broome County, citing witness inconvenience. The Supreme Court denied Uniroyal's motion regarding venue. The appellate court found special circumstances warranted deviation from the general venue rules, reversing the lower court's decision and setting venue for the consolidated actions in Broome County. An appeal from a motion for reconsideration was dismissed.

Venue ChangeConsolidationProducts LiabilityNegligenceWrongful DeathFatal AccidentWitness InconvenienceAppellate ReviewDiscretionary AbuseBroome County Venue
References
7
Case No. MISSING
Regular Panel Decision

Vallecillo v. New York City Department of Corrections

Claimant's counsel, Gerarda M. Rella, appealed a Workers' Compensation Board decision that imposed two $500 penalties. The initial penalty stemmed from a venue request filed without reasonable grounds, seeking a hearing in White Plains despite the claimant residing in Brooklyn and working in Queens, for attorney convenience. The Board affirmed the Workers' Compensation Law Judge's denial of the venue change and the initial penalty. An additional $500 penalty was assessed for a frivolous appeal to the Board. The Appellate Division affirmed the Board's decision, concluding that Rella's venue request lacked justification and that the Board appropriately exercised its discretion in imposing both penalties, especially given Rella's prior awareness of venue rules in similar matters.

Workers' Compensation LawAttorney MisconductFrivolous AppealVenue RequestMonetary PenaltyAppellate ReviewJudicial DiscretionProcedural MotionNew York LawAdministrative Law
References
8
Case No. MISSING
Regular Panel Decision

GMAC Commercial Credit, LLC v. Dillard Department Stores, Inc.

Plaintiff GMAC Commercial Credit, LLC, filed a diversity breach of contract action against Dillard Department Stores, Inc., seeking damages for alleged unilateral discounts on invoices. The case, initially filed in New York state court, was removed to federal court by defendant Dillard. Dillard moved to dismiss for improper venue or to transfer, citing a forum selection clause requiring litigation in Arkansas. The court, presided over by Judge Motley, found personal jurisdiction over Dillard in New York, making venue proper there. However, the court determined that GMAC, as an assignee of the vendor Lady Carol Dresses, LLC, was bound by the forum selection clause. Consequently, the court granted Dillard's motion to dismiss the action without prejudice, allowing GMAC to refile in either an Arkansas state court in Pulaski County or the United States District Court for the Eastern District of Arkansas, in accordance with the clause.

Breach of ContractVenueForum Selection ClausePersonal JurisdictionAssignee RightsUniform Commercial CodeNew York LawFederal Rules of Civil ProcedureDismissal Without PrejudiceDiversity Jurisdiction
References
27
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
0
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
0
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
0
Case No. ADJ11163911
Regular
Jul 25, 2018

MIGUEL SANTOS ISLA vs. SKYLARK INDUSTRIES, PROCENTURY INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's petition for removal, upholding the WCJ's decision to deny a change of venue from Marina del Rey to Pomona. The defendant argued venue should shift due to witness inconvenience and travel time. The Board found the WCJ properly exercised discretion and that removal is an extraordinary remedy not warranted here. The applicant initially selected Marina del Rey venue based on their attorney's location.

Petition for RemovalChange of VenueWorkers' Compensation Appeals BoardWCJLabor Code Section 5501.5Labor Code Section 5501.6Good CauseWitness ConvenienceSubstantial PrejudiceIrreparable Harm
References
2
Case No. ADJ7878616
Regular
Jul 02, 2013

Carlotta Hernandez-Diaz vs. Ruben M. Garcia - Farm Labor Contractor, Republic Underwriter Insurance Company

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration because it lacked merit and was procedurally deficient. The Board admonished the defendant for mislabeling a Request for Change of Venue as a Petition for Reconsideration, noting it was their second such unsuccessful attempt to change venue. The defendant failed to timely object to the original venue selection and did not demonstrate significant prejudice or irreparable harm required for a petition for removal. Consequently, the Board denied the defendant's petition, adopting the Administrative Law Judge's report and recommendation.

WCABPetition for ReconsiderationRequest for Change of VenueDocument Separator SheetAdministrative Law JudgePetition for RemovalVenueLabor Code Section 5501.5(d)Stockton District OfficeSan Joaquin County
References
0
Case No. MISSING
Regular Panel Decision
Jan 28, 2005

Collins v. Glenwood Management Corp.

Plaintiff Lance Collins, injured at a Manhattan construction site, initiated an action in Bronx County based on claimed residency. Defendants moved to change venue to Orange County, presenting evidence like DMV records and an affidavit from a Bronx building owner suggesting Collins resided in Orange County. Plaintiffs opposed, offering tax returns and affidavits asserting Bronx residency, and arguing the defendants' motion was untimely. The IAS court initially denied the venue change, deeming it untimely. However, the appellate court reversed, finding the defendants' motion timely given the conflicting evidence on Collins' residency, and remanded the case for a hearing to resolve these factual disputes.

VenueChange of VenueResidency DisputeAppellate DivisionBronx CountyOrange CountyCivil ProcedureCPLRCredibilityFactual Issues
References
3
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