KELLERMEYER BERGENSONS SERVICES; ZURICH AMERICAN INSURANCE COMPANY, administered by GALLAGHER BASSETT SERVICES, INC. MARIA RANGEL WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARIA RANGEL, Applicant,vs.KELLERMEYER BERGENSONS SERVICES; ZURICH AMERICAN INSURANCE COMPANY,administered by GALLAGHER BASSETT SERVICES, INC., Defendants.Case No. ADJ10251545(Anaheim District Office)OPINION AND ORDER GRANTING PETITION FOR REMOVALAND DECISION AFTER REMOVAL Defendant seeks removal of the Order Denying Change of Venue (Order) issued on March 1, 2016 by a workers’ compensation administrative law judge (WCJ). The WCJ found that venue in this case is proper at the Los Angeles District Office of the Workers’ Compensation Appeals Board (WCAB) based on applicant’s residence, and therefore ordered that defendant’s Petition for Change of Venue to the Van Nuys District Office of the WCAB be denied. Defendant contends that the WCJ lacked the authority to deny its timely Petition for Change of Venue pursuant to Labor Code section 5501.5. We did not receive an answer to defendant’s Petition for Removal from applicant. The WCJ filed a Report and Recommendation on Petition for Removal (Report) wherein he recommended that the petition be denied because the Los Angeles District Office of the WCAB is the proper venue for the zip code associated with applicant’s address and the location of the injury. We have considered the allegations of the Petition and the contents of the Report. Based on our review of the record and the Report, and for the reasons stated below, we grant defendant’s Petition for Removal, rescind the Order and return the matter to the trial level for further proceedings. An employer has 30 days to object to the venue selected by applicant, and if timely objection is made, venue” . . . shall be filed . . . “either in the county where the injured employee resided on the date , of filing of the application for adjud
MARIA RANGEL vs. KELLERMEYER BERGENSONS SERVICES; ZURICH AMERICAN INSURANCE COMPANY, Administered By GALLAGHER BASSETT SERVICES, INC.
- Rangel - Petition for Removal - Report and Recommendation of WCJ.pdf
- Filed On:
- Court: Anaheim, California
- Case No. ADJ10251545
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