Home/Case Law/GERARDO ELIZARRARAZ vs. DEL SOL FARM LABOR SERVICES, INC., ZENITH INSURANCE COMPANY
Regular DecisionRegular Panel Decision

GERARDO ELIZARRARAZ vs. DEL SOL FARM LABOR SERVICES, INC., ZENITH INSURANCE COMPANY

Filed: May 04, 2012
Stockton
ADJ8026676

CompFox AI Summary

This case involves an applicant's petition for reconsideration and removal stemming from a Workers' Compensation Appeals Board (WCAB) decision denying a change of venue. The WCAB dismissed the petition for reconsideration because interlocutory procedural orders, such as venue decisions, are not final orders subject to reconsideration. The petition for removal was denied because the defendant failed to demonstrate substantial prejudice or irreparable harm, and the WCJ's venue determination was upheld. The WCAB affirmed the venue in Stockton, finding it was the closest district office to the applicant's residence, despite the defendant's reliance on an unofficial online guide.

Full Decision Text1 Pages

This case involves an applicant's petition for reconsideration and removal stemming from a Workers' Compensation Appeals Board (WCAB) decision denying a change of venue. The WCAB dismissed the petition for reconsideration because interlocutory procedural orders, such as venue decisions, are not final orders subject to reconsideration. The petition for removal was denied because the defendant failed to demonstrate substantial prejudice or irreparable harm, and the WCJ's venue determination was upheld. The WCAB affirmed the venue in Stockton, finding it was the closest district office to the applicant's residence, despite the defendant's reliance on an unofficial online guide.

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GERARDO ELIZARRARAZ vs. DEL SOL FARM LABOR SERVICES, INC., ZENITH INSURANCE COMPANY (2012) – Stockton | CompFox