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

Case No. ADJ9908969
Regular
Aug 28, 2015

MICHAEL MCGRATH vs. OAKLAND UNIFIED SCHOOL DISTRICT, HAZELRIGG CLAIMS MANAGEMENT SERVICE

This case involves a dispute over venue for a workers' compensation claim. The employer, Oakland Unified School District, sought to transfer the case from Oxnard to Oakland, arguing the applicant resides and was injured in Oakland's jurisdiction, despite the application initially being filed in Oxnard based on the applicant's attorney's principal place of business. The Workers' Compensation Appeals Board (WCAB) granted removal, rescinding the judge's denial of the venue change. The WCAB found the judge applied the wrong legal standard and that the employer's objection to venue, made pursuant to Labor Code section 5501.5(c), mandated a transfer to Oakland.

Petition for RemovalOrder Denying Change of VenueWCJsubstantial prejudiceirreparable harmreconsiderationWCAB District OfficeOakland WCAB District OfficeOxnard WCAB District Officevenue transfer
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The WCAB granted the defendant's Petition for Removal and rescinded a prior order that had vacated a venue transfer.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. ADJ6960749
Regular
Jun 07, 2010

AMALIA AGUILAR vs. PETALUMA VALLEY HOSPITAL, ST, JOSEPH HEALTH SYSTEM, THE HARTFORD, SEDGWICK CMS

This case involves a dispute over venue. The defendant timely objected to the applicant's initial filing venue, which was the attorney's principal place of business. The law mandates that if venue is based on the attorney's location and an objection is raised, venue must then be established in the county of the employee's residence or the injury site. Since the applicant resides in and was injured in Sonoma County, the Appeals Board granted the defendant's petition for removal. The Board rescinded a prior order that had set aside a change of venue and formally transferred the case to the Santa Rosa district office.

EAMSPetition for RemovalOrder Setting Aside Order of Change of VenueWCJPWCJDeclaration of Readiness to ProceedObjection to VenueLabor Code Section 5501.5WCAB Rule 10410Timeliness of Objection
References
Case No. ADJ10823002
Regular
Sep 11, 2017

JEANETTE GONZALEZ vs. DEPARTMENT OF SOCIAL SERVICES - INHOME SUPPORT SERVICES, YORK RISK SERVICES GROUP, INC.

This case concerns a venue dispute where the applicant initially filed in Van Nuys, based on her attorney's office location. The defendant, Department of Social Services, objected within the statutory 30-day period and requested a transfer to Sacramento. The WCAB granted the defendant's Petition for Removal, finding that forcing the defendant to attend a status conference on the venue issue would cause prejudice. The WCAB then rescinded the WCJ's order setting the status conference and granted the defendant's petition to transfer the case to the Sacramento District Office.

Workers' Compensation Appeals BoardPetition for RemovalOrder Setting Status ConferencePetition to Change VenueVenue PetitionLabor Code section 5501.5attorney's principal place of businessprejudiceirreparable harmmandatory venue transfer
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. ADJ10251545
Regular
May 11, 2016

MARIA RANGEL vs. KELLERMEYER BERGENSONS SERVICES, ZURICH AMERICAN INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC.

The Appeals Board granted the defendant's petition for removal, rescinding the WCJ's order denying a change of venue. The defendant timely objected to the applicant's initial venue choice, triggering Labor Code section 5501.5, which mandates venue transfer to the applicant's county of residence or injury. While the WCJ correctly identified Los Angeles County as the proper venue, the specific district office within Los Angeles County was unclear, requiring further determination at the trial level.

RemovalVenueLabor Code section 5501.5Petition for RemovalOrder Denying Change of VenueWCABAdministrative Law JudgeApplication for Adjudication of ClaimObjection to VenueDistrict Office
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. 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. ADJ8873837
Regular
Jul 02, 2013

HUGO A. GARCIA ROJAS vs. SWEANEY PAINT & DRYWALL, CALIFORNIA INSURANCE COMPANY

The defendant filed a petition for removal challenging the presiding judge's inaction on a venue change request and an expedited hearing. However, the presiding judge subsequently issued orders that addressed these issues by taking the hearing off calendar and transferring venue. Therefore, the defendant's petition for removal is moot and has been dismissed by the Appeals Board.

Petition for RemovalPetition for Change of VenuePresiding Workers' Compensation Judge (PWCJ)Expedited HearingOff CalendarTransferring VenueWCABMootDismissedBakersfield District Office
References
Case No. ADJ9528365
Regular
Dec 17, 2014

WANDA MALLOY-LEE vs. STOCKTON UNIFIED SCHOOL DISTRICT, JT2 INTEGRATED RESOURCES

This Workers' Compensation Appeals Board case, Malloy-Lee v. Stockton Unified School District, was dismissed because the Petition for Removal became moot. The underlying dispute was resolved when both parties agreed to transfer the venue to the Stockton District Office. An Order Changing Venue reflecting this agreement was issued prior to the Board's decision on the removal petition. Therefore, the Board dismissed the Petition for Removal as it no longer presented a live controversy.

Petition for RemovalMootTransfer of VenueOrder Changing VenueWorkers' Compensation Appeals BoardWCJ's ReportDismissal
References
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