Bolthouse Farms, permissibly self-insured and administered by Broadspire, David Nenahlo, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADAVID NENAHLO,Applicant,vs.BOLTHOUSE FARMS, permissibly self-insured and administered by BROADSPIRE,Defendant.Case No. ADJ10489602(Sacramento District Office)OPINION AND ORDER GRANTING PETITION FOR REMOVALAND DECISION AFTER REMOVAL Defendant seeks removal of the Minute Order issued by the workers’ compensation administrative law judge (WCJ) on November 28, 2016, wherein the WCJ denied change of venue in this case from the Sacramento District Office to the Bakersfield District Office. Defendant contends that the WCJ was required to grant its request for a change of venue because the application was filed at applicant’s attorney’s principal place of business and the injury occurred in Bakersfield. We received an Answer from applicant. The WCJ filed a Report and Recommendation on Petition for Removal (Report) recommending that we grant the petition and order the case transferred to the Bakersfield District Office. We have considered the allegations of the Petition for Removal and the Answer, and the contents of the WCJ’s Report. Based on our review of the record, we will grant reconsideration, rescind the WCJ’s Minute Order, and substitute an order granting the Petition for Change of Venue and ordering venue in the Bakersfield District Office.FACTUAL AND PROCEDURAL BACKGROUND On August 10, 2016, applicant filed an Application for Adjudication in the Sacramento District Office, the closest district office to applicant’s attorney’s principal place of business. The application shows that applicant lives in Port Angeles, Washington, and alleges the injury occurred in Bakersfield, California. , On August 30, 2016, defendant filed a Petition for Change of Venue. Defendant objected to venue at the Sacramento District Office, noting that it was based only on the location of appl
David Nenahlo, vs. Bolthouse Farms, Permissibly Self-insured And Administered By Broadspire,
In this case, David Nenahlo, the applicant, filed an Application for Adjudication in the Sacramento District Office, the closest district office to applicant's attorney's principal place of business. Bolthouse Farms, the defendant, objected to the venue and requested a change of venue to either the county of applicant's residence or the county where the alleged injury occurred. The Workers' Compensation Appeals Board granted the Petition for Removal, rescinded the WCJ's Minute Order, and substituted an order granting the Petition for Change of Venue and ordering venue in the Bakersfield District Office.
- Filed On:
- Court: California, Sacramento
- Case No. ADJ10489602
To continue reading ... start a FREE Trial for 10 days
Discover the cases you didn’t know you were missing!
Copyright © 2023 - CompFox Inc.