Ramon Diaz vs. Muellers Truck

In this case, the employee, Ramon Diaz, filed an Application for Adjudication of Claim alleging an industrial injury to his back and shoulder. The employee designated the district office in Pomona as venue, based upon Labor Code section 5501.5(c). The defendant, Muellers Truck, objected to the venue and requested a change of venue to San Diego, the county where the injury allegedly occurred. The presiding workers' compensation administrative law judge denied the petition for change of venue, but ordered the parties to “come up with a more equitable venue location.” The defendant then filed a Petition for Reconsideration or, in the Alternative, Petition for Removal. The Appeals Board dismissed the petition for reconsideration

Muellers Truck Ramon Diaz WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARAMON DIAZ, Applicant,vs.MUELLERS TRUCK. Defendant(s).Case No. ADJ7397714OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR REMOVAL AND DECISION MUELLERS TRUCK AFTER REMOVAL            Defendant has filed a timely “Petition for Reconsideration or, in the Alternative, Petition for Removal.** requesting that the Appeals Board reverse the Order Denying Change of Venue dated September 28. 2010. wherein the presiding workers’ compensation administrative law judge (PWCJ) ordered that “the parties come up with a more equitable venue location. Riverside is suggested.** Defendant contends that applicant did not object to its Petition for Change of Venue and that San Diego is the most equitable venue. We have not received an answer from applicant.            Applicant, while employed as a mechanic on April 15, 2010, claims to have sustained an industrial injury to his back and shoulder. île filed his Application for Adjudication of Claim (Application) on August 12. 2010. He designated the district office in Pomona as venue, based upon Labor Code section 5501.5(c)1 (employee’s attorney’s principal place of business). On September 7, 2010. defendant filed a Petition for Change of Venue, objecting to venlie in Pomona and requesting a change of venue to San Diego, the county where the injury allegedly occurred. The PWCJ denied the petition for change of venue, but ordered the parties to “come up with a more equitable venue location.” Defendant now petitions for reconsideration or removal. 1 Unless otherwise specified, all statutory references are to the Labor Code ,             As to reconsideration, we dismiss the petition. Section 5900(a) provides: “Any person aggrieved directly or indirectly by any final order, decision or award made and filed by … a workers’ compensation judge under any provision contained in this division, may petition the appeals board for recon

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