Oscar Johnson, vs. Dynaroll Corporation; Compwest Insurance Company,

In this case, the Workers' Compensation Appeals Board denied the defendant's petition for removal, which requested that the appeals board reverse the decision of the presiding workers' compensation administrative law judge. The defendant argued that the claimant, although living in San Diego, sought employment in the Los Angeles area and that the decision to keep the venue in San Diego would necessitate the employer closing down one of its divisions in order to transport the witnesses the night before trial. The appeals board found that the fact that the claimant sought work and did work in Los Angeles County was not relevant to the choice of venue, and that the defendant had not provided the addresses of the witnesses or the substance of their testimony, and thus had not established good cause for change of venue

DYNAROLL CORPORATION; COMPWEST INSURANCE COMPANY, OSCAR JOHNSON, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAOSCAR JOHNSON, Applicant,vs.DYNAROLL CORPORATION;COMPWEST INSURANCE COMPANY, Defendant(s).Case No. ADJ6844716OPINION AND ORDER DENYING PETITION FOR REMOVAL            Defendant has filed a timely, belatedly verified petition for removal, requesting that the appeals board reverse the decision of the presiding workers’ compensation administrative law judge (WCJ) dated October 1, 2009, wherein she stated: “Defense motion to change venue to Van Nuys is denied. (Applicant was resident of SD County at time of injury; applicant’s attorney has principal place of business in SD County.” Defendant contends that “the claimant, although living in San Diego,, sought employment as a machine operator in the Los Angeles area” (emphasis in original) and that “[t]he decision to keep the venue in San Diego would necessitate this employer closing down one of its divisions (machine operators) in order to transport the witnesses the night before trial, put them up in a hotel, continue to pay them, and have them available as witness in San Diego County.” We have not received an answer from applicant.            Labor Code section 5501.5(a)’ provides that one of the venues at which an application foradjudication of claim may be filed is: “(1) In the county where the injured employee or dependent of a deceased employee resides on the date of filing.” Here, defendant concedes that applicant resided in San Diego County on the date of filing of his application for adjudication of claim. The 1Unless otherwise specified, all statutory references are to the Labor Code. , fact that he sought work and did work in Los Angeles County is not relevant to the choice of venue. Therefore, venue is proper in San Diego County.            However, section 5501.6 provides:       “(a) An applicant or defendant may petition the appeals board for       a change of venue and a change of venue sh

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