Kodiak Union Roofing and Cypress Insurance Company Gregory Kistler (Deceased), Meredith Kistler WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGREGORY KISTLER (Deceased) MEREDITH KISTLER, Applicant,vs.KODIAK UNION ROOFING and CYPRESS INSURANCE COMPANY, Defendants.Case No. ADJ6887918OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION ANDDENYING PETITION FOR REMOVAL Kodiak Union Roofing, insured for workers’ compensation by Cypress Insurance Company (defendant), seeks reconsideration1 of the order denying petition for change of venue (order) issued in this case by a Presiding Workers’ Compensation Administrative Law Judge (PWCJ) on April 8, 2010. Defendant contends that the PWCJ erred in denying its petition for change of venue from San Francisco to Sacramento because there are potential trial witnesses who reside in the Sacramento area, making Sacramento a more convenient forum for trial than San Francisco. We have considered the allegations of the petition for reconsideration and the contents of the report and recommendation on petition for reconsideration and/or removal (Report) of the PWCJ. We note that the PWCJ’s Report includes a discussion of removal under Labor Code section 5310 in anticipation that we might choose to treat defendant’s petition for reconsideration as a petition for removal. Based upon our review of the record and for the reasons discussed below, we will dismiss defendant’s petition for reconsideration. In addition, and for the reasons stated by the PWCJ in his Report, which we incorporate herein, we will deny the petition for removal. 1 Defendant’s petition is entitled, “Amended Petition for Change of Venue/In The Alternative, Petition for Reconsideration.” The Presiding Workers’ Compensation Administrative Law Judge prepared a Report and Recommendation on Reconsideration and/or Removal, in which he discusses the petition as both a petition for reconsideration and a petition for removal
