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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 The Appeals Board granted the applicant's removal petition, rescinded the prior order changing venue to San Diego, and instead ordered venue transferred to Riverside.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. 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
0
Case No. ADJ9505188
Regular
Oct 21, 2014

BENITA MOFFETT vs. COLTON JOINT UNIFIED SCHOOL DISTRICT, YORK INSURANCE SERVICES GROUP, INC.

The Workers' Compensation Appeals Board (WCAB) denied a defendant's petition for removal regarding a venue objection. The defendant's objection to the Anaheim venue, based on the applicant's attorney's principal place of business, was untimely as it was filed with the WCAB one day after the 30-day deadline. Although the objection was not timely filed under the initial rule, the defendant retains the right to petition for a change of venue for good cause, such as witness convenience, at a later stage.

WCABPetition for RemovalVenuePWCJ ReportTimelinessFilingServiceWCAB Rule 10410WCAB Rule 10301(t)Labor Code Section 5501.6
References
2
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
4
Case No. ADJ7204282
Regular
Oct 21, 2010

ROBERT TARA (Deceased) vs. HEAVENLY VALLEY, LIBERTY MUTUAL INSURANCE COMPANY

This case concerns a dispute over venue in a workers' compensation claim for a deceased employee. The defendant employer timely objected to the San Diego venue designated by the applicant's attorney, who practices there. The Workers' Compensation Appeals Board granted the defendant's petition for removal, reversing the prior order. The Board found the venue objection was timely under Labor Code section 5501.5(c) and therefore mandatory venue change to the Sacramento district office.

Workers' Compensation Appeals BoardPetition for RemovalOrder Denying Change of VenuePresiding Workers' Compensation Administrative Law JudgeLabor Code Section 5501.5(c)Venue ObjectionApplication for Adjudication of ClaimPrincipal Place of BusinessIndustrial InjuryDeceased Employee
References
0
Case No. OAK 0317409
Regular
Feb 08, 2008

CHERRYLLE HATCHETT vs. COUNTY OF SACRAMENTO

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration of an order changing venue because the order was not a final determination and the petition was unverified. However, the Board granted removal on its own motion and reversed the venue change, finding the employer's objection to the applicant's chosen venue in Oakland was untimely under Rule 10410. The employer had over two years to object to the Oakland venue after receiving notice of the case number, significantly exceeding the 30-day limit.

Workers' Compensation Appeals BoardOrder Changing VenuePetition for ReconsiderationRemovalLabor Code section 5501.5Labor Code section 5900Labor Code section 5902Appeals Board Rule 10410Untimely ObjectionVenue Site
References
0
Case No. ADJ2854490
Regular
Jul 09, 2009

FRANK LAZAREWICZ vs. GLOBAL WOOD SOURCE INC., STATE COMPENSATION INSURANCE FUND

This case concerns a defendant's petition for removal challenging the applicant's chosen venue. The defendant argued the venue was improper under Labor Code section 5501.5(a)(3) and that their objection was timely. The Appeals Board agreed that the defendant's prior communication constituted a sufficient objection. Consequently, the Board granted the petition, rescinded the prior order denying a venue change, and ordered the case returned to the trial level to change venue to the San Jose district office, where the applicant resides and the injury occurred.

Workers' Compensation Appeals BoardPetition for RemovalOrder Denying Change of VenueLabor Code section 5501.5(a)(3)Timely ObjectionVenue TransferSan Jose District OfficeApplicant ResidenceInjury OccurrenceRescind
References
0
Case No. ADJ7174342
Regular
Jul 29, 2010

ALVARO CARRILLO vs. CP MANUFACTURING, ZENITH INSURANCE

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration because it was sought from a non-final procedural order, not a final decision on substantive rights. The WCAB also denied the defendant's petition for removal, finding their objection to venue untimely. The defendant failed to file their venue objection within the 30-day window and did not provide the required sworn statement regarding receipt of notice. Therefore, venue remains in Los Angeles, though a future venue change for good cause is not precluded.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalOrder Denying Change of VenueFinal OrderProcedural OrderLabor Code section 5501.5(c)Appeals Board rule 10410Untimely ObjectionVenue
References
2
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. ADJ6748018
Regular
Aug 18, 2010

CHRIS BENAVIDES vs. COUNTY OF SAN BERNARDINO

The Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for removal and rescinded an order denying a change of venue. The defendant argued its venue objection was timely as it never received the initial Notice of Application, which triggers the objection period. The WCAB found that its inability to verify the sending of the Notice of Application created prejudice for the defendant. Therefore, the case was remanded to determine when the defendant first received notice of the case number and venue.

WCABPetition for ReconsiderationPetition for RemovalOrder Denying Change of VenueuntimelyNotice of ApplicationEAMSAdjudication Product DeliveryLabor Code section 5501.5venue selection
References
5
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