Billy Williams vs. Kazakoff Construction Co. and California Insurance

In this case, the Kazakoff Construction Co. and the California Insurance Company, administered by Applied Risk Services, filed a petition for removal to the Workers' Compensation Appeals Board. The petition was not verified, so it was dismissed. The Board then removed the case to themselves on their own motion and transferred venue back to Riverside, where the application for adjudication for the claim was correctly filed. The Board changed the venue to the district office in Riverside.

Kazakoff Construction Co.; California Insurance Company, Aministered By Applied Risk Services Billy Williams WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIABILLY WILLIAMS, Applicant,vs.KAZAKOFF CONSTRUCTION CO.; CALIFORNIA INSURANCE COMPANY, administered by APPLIED RISK SERVICES, Defendant.Case No. ADJ6687863OPINION AND ORDERS DISMISSING PETITION FOR REMOVAL AND GRANTING REMOVAL AND DECISION AFTER REMOVAL            Defendant filed a timely, unverified petition for removal, requesting that the Appeals Board tcscinjl the Order dated September 7. 2010. wherein the presiding workers’ compensation administrative law judge (PWCJ) took this matter off calendar and stated: “Case was transferred to I Anaheim]. ¡Defendant] wants ease to be transferred hack to (Riverside]. (Applicant)’» attorney]v wants venue in AHM. Both parties will file Pel|ilion]s for Change of Venue.” Defendant contends that venue was always properly in Riverside and that it should not he required to file a petition for change of venue to have venue reestablished in Riverside Wc have not received an answer from applicant.            WCAB Rule 10843(b) (Cal. Code Regs., tit. 8. § 10843(b)) provides: “The petition for removal and any answer thereto shall be verified upon oath in the manner required for verified pleadings in courts of record This petition is not verified. Therefore, we dismiss it.            However, because of the importance of the issue raised, we remove the case to ourselves on our own motion (Labor Code section 53111) and we transfer venue back to Riverside, where the application for adjudication for claim (application) was correctly filed 1 Unless otherwise specified. all statutory references are to the Labor Code. , In her Report and Recommendation. the PWCJ summarizes lhe procedural history as follows: “This case involved and (sic) admitted back injury incurred b> Billy Wilhams on March 16, 2009, while he was employed b> Kazakoff Construction Co. Originally the (injured worke

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