Home/Case Law/ESMERALDA CASTELLANOS vs. CANARY HOTEL, GALLAGHER BASSETT
Regular DecisionRegular Panel Decision

ESMERALDA CASTELLANOS vs. CANARY HOTEL, GALLAGHER BASSETT

Filed: Mar 20, 2014
Goleta
ADJ9120525

CompFox AI Summary

The Workers' Compensation Appeals Board denied the applicant's petition for removal, which challenged the rescheduling of her mandatory settlement conference (MSC) from Santa Barbara to Oxnard. The Board adopted the Administrative Law Judge's reasoning that the relocation was necessitated by space limitations at the new Santa Barbara office and a need to ameliorate overcrowding. While acknowledging the increased travel distance, the Board found it to be a mere inconvenience and not grounds for removal, citing the WCAB's inherent power to manage its calendar and transfer hearing locations. The Board also noted the availability of CourtCall as an alternative to in-person attendance.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied the applicant's petition for removal, which challenged the rescheduling of her mandatory settlement conference (MSC) from Santa Barbara to Oxnard. The Board adopted the Administrative Law Judge's reasoning that the relocation was necessitated by space limitations at the new Santa Barbara office and a need to ameliorate overcrowding. While acknowledging the increased travel distance, the Board found it to be a mere inconvenience and not grounds for removal, citing the WCAB's inherent power to manage its calendar and transfer hearing locations. The Board also noted the availability of CourtCall as an alternative to in-person attendance.

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ESMERALDA CASTELLANOS vs. CANARY HOTEL, GALLAGHER BASSETT (2014) – Goleta | CompFox