Bolthouse Farms Inc.; American All Risk Loss, Broadspire Felix Sanchez WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAFELIX SANCHEZ, Applicant,vs.BOLTHOUSE FARMS INC.; AMERICANALL RISK LOSS, BROADSPIRE, Defendants.Case No. ADJ8001991 (Bakersfield District Office)OPINION AND ORDER GRANTING PETITION FOR REMOVAL AND DECISION AFTER REMOVAL Defendant has filed a timely, verified Petition for Removal, requesting that the Appeals Board reverse the Order Denying Petition for Change of Venue dated January 24, 2013, wherein the presiding workers’ compensation administrative law judge (PWCJ) denied defendant’s petition to change venue from the Marina del Rey district office to the Bakersfield district office. Defendant contends that this is one of more than two dozen cases filed by employees of Bolthouse Farms after a reduction in workforce; that applicant lives in Kern County; that four proposed employer witnesses live in Kern County; and that requiring them to travel to the Los Angeles basin will be inconvenient for the witnesses. We have not received an answer from applicant. Applicant, while employed as a welder from 2005 to November 4, 2007, claims to have sustained an industrial injury to multiple body parts. He filed an Application for Adjudication of Claim on September 26, 2011. At the time he lived in Arvin, CA, in Kern County. He designated Marina del Rey as venue pursuant to Labor Code section 5501.5(a)(3), county of principal place of business of his attorney. Defendant did not file an objection. On January 22, 2013, defendant filed a Petition for Change of Venue. Applicant did not file a response. The PWCJ denied the petition.////// , In her Report and Recommendation, the PWCJ points out correctly that defendant has not complied sufficiently with section 5501.6(b), which requires the addresses of witnesses and the substance of their testimony with specificity. On the other hand, applicant did not respond to d
Felix Sanchez vs. Bolthouse Farms Inc.; American All Risk Loss, Broadspire
This case involves Felix Sanchez, an employee of Bolthouse Farms Inc., who filed an Application for Adjudication of Claim on September 26, 2011, claiming to have sustained an industrial injury to multiple body parts while employed as a welder from 2005 to November 4, 2007. Defendant filed a Petition for Change of Venue, requesting that the venue be changed from the Marina del Rey district office to the Bakersfield district office, due to the fact that applicant lives in Kern County and four proposed employer witnesses live in Kern County. The presiding workers' compensation administrative law judge denied the petition, but the Workers' Compensation Appeals Board granted the petition and changed the venue to the Bakersfield district office.
- Filed On:
- Court: Bakersfield, California
- Case No. ADJ8001991
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