FRANCISCO BAEZ vs. JOHN CRAVENS PLASTERING INC INSURANCE COMPANY OF THE WEST

This case involves a petition for removal filed by Francisco Baez against John Cravens Plastering, Inc. and Insurance Company of the West. The Workers' Compensation Appeals Board (WCAB) denied the petition for removal, finding that the Santa Barbara office is a satellite office of the Oxnard district office and not a district office as defined by Labor Code sections 5501.5 and 138.2(b). The WCAB noted that district offices are open every day, are fully staffed, and are set up to accommodate a large volume of hearings, while satellite offices have limited hours, are not fully staffed, and have limited facilities. The WCAB also noted that if San Luis Obispo is the closest office to the applicant

JOHN CRAVENS PLASTERING INC INSURANCE COMPANY OF THE WEST FRANCISCO BAEZ WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAFRANCISCO BAEZ, Applicant,vs.JOHN CRAVENS PLASTERING, INC.;INSURANCE COMPANY OF THE WEST, Defendants.Case No. ADJ9316584(San Luis Obispo District Office)ORDER DENYINGPETITION FORREMOVAL            We have considered the allegations of the Petition for Removal and the contents of the report of the workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and for the reasons stated in said report which we adopt and incorporate, we will deny removal.            We are not unsympathetic to the concerns expressed in applicant’s petition. Nevertheless, by statute, it is the Division of Worker’s Compensation (DWC) that provides quarters for the district offices of the Workers’ Compensation Appeals Board (WCAB). (Lab. Code, § 138.2(b).) In doing so, DWC must act within its budgetary constraints. (See. Lab. Code, § 62.5(a)(1)(A); see also § 133 (DWC “shall have power and jurisdiction to do all things necessary or convenient in the exercise of any power or jurisdiction conferred upon it under this code”).) Even when venue lies with a particular district office (see Lab. Code, § 5501.5), the WCAB has the authority to calendar a hearing at a different district office/ / // / // / // / // / / , or satellite office, without changing venue, when judicial or space resources are limited. (Cf Lab. Code, § 4903.4(b); Cal. Code Regs., tit. 8, § 10770.1(a)(2).)1            We further note that neither Labor Code section 138.2(b) nor Labor Code section 5501.5 defines what is an “office” of the Workers’ Compensation Appeals Board (WCAB).            Where statutory language is not clear and unambiguous, it is a well-established principle that the contemporaneous administrative construction of a statute by the agency charged with its enforcement and interpretation is entitled to great weight, and deference will

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