Home/Case Law/MICHAEL MCGRATH vs. OAKLAND UNIFIED SCHOOL DISTRICT, HAZELRIGG CLAIMS MANAGEMENT SERVICE
Regular DecisionWorkers' Compensation

MICHAEL MCGRATH vs. OAKLAND UNIFIED SCHOOL DISTRICT, HAZELRIGG CLAIMS MANAGEMENT SERVICE

Filed: Aug 28, 2015
Oakland
ADJ9908969

CompFox AI Summary

This case involves a dispute over venue for a workers' compensation claim. The employer, Oakland Unified School District, sought to transfer the case from Oxnard to Oakland, arguing the applicant resides and was injured in Oakland's jurisdiction, despite the application initially being filed in Oxnard based on the applicant's attorney's principal place of business. The Workers' Compensation Appeals Board (WCAB) granted removal, rescinding the judge's denial of the venue change. The WCAB found the judge applied the wrong legal standard and that the employer's objection to venue, made pursuant to Labor Code section 5501.5(c), mandated a transfer to Oakland.

Full Decision Text1 Pages

This case involves a dispute over venue for a workers' compensation claim. The employer, Oakland Unified School District, sought to transfer the case from Oxnard to Oakland, arguing the applicant resides and was injured in Oakland's jurisdiction, despite the application initially being filed in Oxnard based on the applicant's attorney's principal place of business. The Workers' Compensation Appeals Board (WCAB) granted removal, rescinding the judge's denial of the venue change. The WCAB found the judge applied the wrong legal standard and that the employer's objection to venue, made pursuant to Labor Code section 5501.5(c), mandated a transfer to Oakland.

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MICHAEL MCGRATH vs. OAKLAND UNIFIED SCHOOL DISTRICT, HAZELRIGG CLAIMS MANAGEMENT SERVICE (2015) – Oakland | CompFox