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Argelia Martinez vs. J & R Hock Enterprises, Inc.; California Restaurant Mutual Benefit Corporation, Administered By American Claims Management

J & R Hock Enterprises, Inc.; California Restaurant Mutual Benefit Corporation, administered by American Claims Management Argelia Martinez WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAARGELIA MARTINEZ, Applicant,vs.J & R HOCK ENTERPRISES, INC.; CALIFORNIA RESTAURANT MUTUAL BENEFIT CORPORATION, administered by AMERICAN CLAIMS MANAGEMENT, Defendants.Case No. ADJ7578334DECISION AFTER RECONSIDERATION            On June 28, 2011, we granted reconsideration in order to allow sufficient opportunity to further study the factual and legal issues in this case. This is our decision after reconsideration.            By timely filed and verified petition, J & R Hock Enterprises, Inc., administered by American Claims Management on behalf of California Restaurant Mutual Benefit Corporation (defendant) sought reconsideration of the Order issued in this case by a presiding workers’ compensation administrative law judge (PWCJ) on April 21, 2011. That Order denied defendant’s petition to change venue from the Long Beach Workers’ Compensation Appeals Board (WCAB) District Office to the San Bernardino WCAB District Office. Defendant contended that the April 21, 2011 Order contravenes Labor Code section 5501.5(c) and WCAB Rule 10410 (Cal. Code Regs., titl. 8, § 10410).            We have considered the allegations of the Petition for Reconsideration and the contents of the Report and Recommendation on Petition for Reconsideration (Report) of the PWCJ. Applicant did not submit an answer to the Petition for Reconsideration.            As our decision after reconsideration, we will vacate the Order granting defendant’s Petition for Reconsideration; treat defendant’s Petition for Reconsideration as a Petition for Removal; grant removal and rescind the April 21, 2011 Order; and issue an Order changing venue in this case to the San Bernardino WCAB District Office. , Relevant Facts            Applicant, while employed as a food preparer by defendant during the cumulative period end


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