Ghilotti Constructions Company;Virginia Surety Insurance Company, adjusted by Gallagher Basseyy Gerald Amonette WORKERS’ COMPENSATION APPEALS BOARDState Of CaliforniaGERALD AMONETTE ,Applicantvs.GHILOTTI CONSTRUCTION COMPANY;VIRGINIA SURETY INSURANCECOMPANY, adjusted by GALLAGHERBASSETT SERVICES, INC.,Defendant(s)Case No. ADJ3852343; ADJ1Ü31779;ADJ3585842OPINION 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 April 28, 2010, wherein the presiding workers’ compensation administrative law judge (PWCJ) of the Santa Rosa district office denied applicant’s petition for change of venue to the Oakland district office. Defendant contends that WCJ Fudern, now PWCJ of the Oakland district office, issued a Findings and Award (F&A) dated November 27, 2008, after testimony. Defendant contends that both parties will suffer significant prejudice if venue is not transferred to Oakland because WCJ Fudern “heard extensive oral trial testimony of applicant and was able to observe his demeanor. This trial testimony cannot hp recreated. Judge Fudern ordered further development of the record, heard arguments on the issue, and deferred issues including permanent disability, apportionment, penalties and attorney’s fees” (page 3-4). Defendant contends that applicant, who filed the original petition for change of venue, joins in the request for change of venue. Applicant, while employed as an equipment operator/dri ver sustained three industrial injuries to various body parts. After trial on October 14, 2008, WCJ Fudem issued a Findings, Award and Order dated November 27, 2008. Tt appears that attempts by the parties to settle these , matters subsequent to the F&A have not been successrui. wuj ruaem is nuw picuumg ww ui the Oakland district office. Labor Code section 57001 provides i
