Frank Lazarewicz, vs. Global Wood Source Inc.; State Compensation Insurance Fund,

(ANA 0409958) is a case in which the defendant, Global Wood Source Inc., and the State Compensation Insurance Fund, filed a petition for removal, requesting that the appeals board rescind the Order Denying Change of Venue dated October 2, 2008. The defendant argued that the applicant's choice of venue was based upon Labor Code section 5501.5(a)(3) and that the defendant had timely objected pursuant to section 5501.5(c). The appeals board granted the petition for removal and rescinded the Order Denying Change of Venue, returning the case to the trial level for the issuance of a new order changing venue.

GLOBAL WOOD SOURCE INC.; STATE COMPENSATION INSURANCE FUND, FRANK LAZAREWICZ, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAFRANK LAZAREWICZ, Applicant,vs.GLOBAL WOOD SOURCE INC.;STATE COMPENSATION INSURANCE FUND, Defendant(s).Case No. ADJ2854490 (ANA 0409958)OPINION AND ORDER GRANTING PETITION FOR REMOVAL AND DECISION AFTER REMOVAL            Defendant has filed a timely petition for removal, requesting that the appeals board rescind the Order Denying Change of Venue dated October 2, 2008. Defendant contends that applicant’s choice of venue was based upon Labor Code section 5501.5(a)(3)1 (employee’s attorney’s principal place of business); that defendant objected timely pursuant to section 5501.5(c); and that venue must be transferred to the San Jose district office in the county in which applicant resides and the injury occurred. We have not received an answer from applicant.            In the Report and Recommendation of the Presiding Workers’ Compensation Judge on Petition for Removal, he states that defendant’s letter dated June 10, 2008, should have been interpreted as a timely objection to applicant’s choice of venue. He recommends that we rescind the Order Denying Change of Venue and return the case to the Santa Ana district office for the issuance of a new order changing venue.            We agree that the letter dated June 10, 2008, is a sufficient objection to venue. We also agree that where the employer objects to venue timely pursuant to section 5501.5(c), venue must be changed to the county of residence of the applicant or the county where the injury occurred, in this case to the San Jose district office./// 1Unless otherwise specified, all statutory references are to the Labor Code. ,             For the foregoing reasons,            IT IS ORDERED that defendant’s petition for removal is GRANTED.            IT IS FURTHER ORDERED, as the decision after removal of the Workers’ Compensation Appeals Board, that the Order Denying Change of Venue da

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