M.C. GILL CORPORATION; THE TRAVELERS, CESAR MERIDA, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACESAR MERIDA, Applicant,vs.M.C. GILL CORPORATION; TRAVELERS, Defendant(s).Case No. ADJ2732539 (LAO 0871611)OPINION AND ORDER GRANTING RECONSIDERATION, AND DECISION AFTER THE RECONSIDERATION GRANTING PETITION FOR REMOVAL AND DECISION AFTER REMOVAL Defendant seeks reconsideration of this Appeals Board’s “Order Dismissing Petition for Removal” of October 28, 2008, in which we dismissed defendant’s prior petition for removal and returned this matter to the trial level for transfer to the San Bernardino District Office of the Workers’ Compensation Appeals Board (WCAB). Defendant contends, in substance, that its prior petition for removal and amended petition for removal were both timely filed, and that it was error for the workers’ compensation judge (WCJ) to grant a change in venue to San Bernardino based on the location of applicant’s attorney’s office.The relevant chronology on the issue of venue is as follows. This case was originally filed in the Los Angeles District Office of the WCAB. It appears that there was no timely objection to venue in Los Angeles. On April 16, 2008, applicant’s attorney filed a petition for change of venue, asserting that transfer to the San Bernardino District Office was necessary “for the convenience of the witness/applicant Cesar Merida,” and that “this 25 request is based upon the grounds that the applicant’s attorney office is [in] San Bernardino County. The applicant has retained the firm of Spalding & Spalding, who are located in San Bernardino County. This request is supported by a Venue Authorization form, and an Offer of , Proof setting forth the substance of the testimony of the applicant’s new counsel, Cynthia Spalding.” Defendant filed an objection. On July 29, 2008, Presiding WCJ David G. Marcus issued an Order Granting Change of Venue to San Bernardino, as requeste
Cesar Merida, vs. M.c. Gill Corporation; The Travelers,
In this case, the Workers' Compensation Appeals Board granted defendant's petition for removal and rescinded the Presiding WCJ's Order Granting Change of Venue of July 29, 2008. The Board found that the petition for change of venue filed by applicant's attorney did not comply with Labor Code section 5501.6(b) and the Presiding WCJ erred in changing venue to San Bernardino. The Board transferred and returned the matter to the WCAB District Office in Los Angeles for further proceedings.
- Filed On:
- Court: California, Los Angeles
- Case No. ADJ2732539
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