Heidi Monterroso vs. Adventist Health Feather River, Permissibly Self-insured, Administered By Adventist Health

This case is about Heidi Monterroso's petition for reconsideration or removal of the October 28, 2019 Order Changing Venue, wherein the acting presiding workers' compensation administrative law judge transferred venue from Van Nuys to Redding. The petition was dismissed as it was not a "final" decision and the petition for removal was denied as the PWCJ correctly determined that venue should be in Redding.

Adventist Health Feather River, Permissibly Self-Insured, Administered By Adventist Health Heidi Monterroso WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAHEIDI MONTERROSO, Applicant,vs.ADVENTIST HEALTH FEATHER RIVER, Permissibly Self-Insured, Administered By ADVENTIST HEALTH, Defendants.Case No. ADJ12293355OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND DENYING REMOVAL            Applicant seeks reconsideration or removal of the October 28, 2019 Order Changing Venue wherein the acting presiding workers’ compensation administrative law judge (PWCJ) transferred venue from Van Nuys to Redding.            Applicant contends that the PWCJ was without authority to issue the Order pursuant to WCAB Rule 104101 based defendant’s failure to object to venue within 30 days of service of the Notice of Application. (Cal.Code Regs., tit. 8, § 10410.)            We have considered the allegations of the Petition for Reconsideration or Removal and the contents of the report of the workers’ compensation administrative law judge (PWCJ) with respect thereto. Based on our review of the record, the Petition for Reconsideration seeks reconsideration of a non-final order and will be dismissed. We admonish applicant’s counsel to file a Petition for Removal and not to file a Petition for Reconsideration when seeking Appeals Board action on a non-final order. We will deny applicant’s Petition for Removal for the reasons stated below.            As an initial matter, applicant’s Petition is timely. There is no proof of service in the record indicating that the Order was personally served on applicant’s attorney at the hearing. ‘Effective January 1,2020, WCAB Rule 10410 is now 10488. ,             A petition for reconsideration may properly be taken only from a “final” order, decision, or award. (Lab. Code.2 §§ 5900(a), 5902, 5903.) A “final” order has been defined as one that either “determines any substantive right or liability of those involved in the case” (Rymer v. H

To continue reading ... start a FREE Trial for 10 days

Discover the cases you didn’t know you were missing!

Copyright © 2023 - CompFox Inc.