CENTINELA STATE PRISON ARTHUR B. DAVIS WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAARTHUR B. DAVIS, Applicant,vs.CENTINELA STATE PRISON, Defendant(s).Case No. ADJ2786973 (MON 0358978)OPINION AND ORDER GRANTING PETITION FOR REMOVAL AND DECISION AFTER REMOVAL Applicant has filed a verified petition for removal, requesting that the appeals board rescind the Order Granting Change of Venue dated June 19, 2008, wherein the presiding workers’ compensation administrative law judge (PWCJ) ordered this matter transferred from the district office in Marina Del e to the district office in San Diego. Applicant contends that he was never served with a copy of the Order and that defendant failed to comply with WCAB Rule 10410 (Cal. Code Reg. it. S, i04’0) by failing to file an objection to change of venue within thirty days of receipt of the case number. We have not received an answer from defendant. Applicant, while employed as a plumber from August 2000 through September 2007, claims to have sustained an industrial injury to various body parts. Applicant lives in El Centro (San Diego Country). The alleged injury occurred in Imperial (San Diego Country).On March 12, 2008, he filed an Applicantion for Adjudication of Claim at the Marina Del Rey District office, designating venue in the country where his attorney maintains his principal place of business pursuant Labor Code section 5501(a)(3).1 On April 9,2008, defendant sent a letter to applicant’s attorney, objecting to venue and stating the proper venue was San Diego, 1Unless otherwise specified, all statutory references are to the Labor Code. , On June 4,2008, applicant filed an amended Application, alleging injury to additional body parts. On June 11,2008, defendant filed an “Objection to and Petition for Change of Venue.” Applicant filed an objection to change of venue. On June 16, 2008, the PWCJ issued a Notice of intention to change venue to San Diego.. On June 19, 2008, the PWCJ
Arthur B. Davis vs. Centinela State Prison
In this case, Arthur B. Davis, an employee of Centinela State Prison, filed a petition for removal to the Workers' Compensation Appeals Board, requesting that the appeals board rescind the Order Granting Change of Venue dated June 19, 2008, wherein the presiding workers' compensation administrative law judge (PWCJ) ordered this matter transferred from the district office in Marina Del Rey to the district office in San Diego. The appeals board granted the petition for removal and rescinded the Order Granting Change of Venue, restoring venue to the Marina Del Rey district office.
- Filed On:
- Court: California, San Francisco
- Case No. ADJ2786973
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