Home/Case Law/JAMES MCEWAN vs. ONTARIO REIGN, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, GALLAGHER BASSETT SERVICES, INC.
Regular DecisionRemoval

JAMES MCEWAN vs. ONTARIO REIGN, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, GALLAGHER BASSETT SERVICES, INC.

Filed: Mar 12, 2018
Oxnard
ADJ11131264

CompFox AI Summary

This case concerns a defendant's petition for removal of an order denying a change of venue. The defendant sought to move the case from Oxnard to Riverside, citing proximity to the alleged injury site and witness travel distances. The Appeals Board denied removal, finding the defendant failed to establish substantial prejudice or irreparable harm and did not adequately support its venue arguments under Labor Code section 5501.5(c). The Board noted that the defendant could refile a petition with sufficient witness information to support a claim of good cause under Labor Code section 5501.6(a).

Full Decision Text1 Pages

This case concerns a defendant's petition for removal of an order denying a change of venue. The defendant sought to move the case from Oxnard to Riverside, citing proximity to the alleged injury site and witness travel distances. The Appeals Board denied removal, finding the defendant failed to establish substantial prejudice or irreparable harm and did not adequately support its venue arguments under Labor Code section 5501.5(c). The Board noted that the defendant could refile a petition with sufficient witness information to support a claim of good cause under Labor Code section 5501.6(a).

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JAMES MCEWAN vs. ONTARIO REIGN, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, GALLAGHER BASSETT SERVICES, INC. (2018) – Oxnard | CompFox