Home/Case Law/ELVIA VELAZQUEZ NAVA vs. RUBIO'S RESTAURANTS, INC., LIBERTY MUTUAL INSURANCE COMPANY
Regular DecisionWorkers' Compensation

ELVIA VELAZQUEZ NAVA vs. RUBIO'S RESTAURANTS, INC., LIBERTY MUTUAL INSURANCE COMPANY

Filed: Dec 02, 2013
Pomona
ADJ8921826

CompFox AI Summary

The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration because it was filed against a non-final order. However, the Board granted removal on its own motion, finding sufficient grounds for a change of venue. The venue was transferred to the Pomona district office due to the significant inconvenience and expense for four key witnesses residing near Pomona who would testify regarding the applicant's employment and injury notification defense. This decision acknowledges that while the initial petition lacked specific street addresses, the cumulative hardship on witnesses justified the venue change.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration because it was filed against a non-final order. However, the Board granted removal on its own motion, finding sufficient grounds for a change of venue. The venue was transferred to the Pomona district office due to the significant inconvenience and expense for four key witnesses residing near Pomona who would testify regarding the applicant's employment and injury notification defense. This decision acknowledges that while the initial petition lacked specific street addresses, the cumulative hardship on witnesses justified the venue change.

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