Rosa Marino, vs. Santa Ana Unified School District, Permissibly Self-insured,

This case is about Rosa Marino, who is seeking reconsideration or removal of a November 14, 2008 Order changing venue from the Marina Del Rey District Office to the Santa Ana District Office of the Workers' Compensation Appeals Board. The original venue was chosen based on the county of applicant's attorney's principal place of business. The defendant requested a change of venue to the county where the injury allegedly occurred, and the WCJ granted the request. The WCAB denied the petition for reconsideration and removal, noting that the order was not a final order and that there was no irreparable harm or significant prejudice to the applicant in changing the venue.

SANTA ANA UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured, ROSA MARINO, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAROSA MARINO, Applicant,vs.SANTA ANA UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured, Defendant(s).Case No.: ADJ6457969OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND DENYING REMOVAL            Applicant seeks reconsideration or removal following the issuance of the November 14, 2008 Order changing venue from the Marina Del Rey District Office to the Santa Ana District Office of the Workers’ Compensation Appeals Board (WCAB). The workers’ compensation administrative law judge (WCJ) had previously issued a “Notice of Intention To Change Venue To Santa Ana” on October 24, 2008.            Applicant contends that she has been deprived of due process as Labor Code section 5501.5, subdivision (a)1 authorizes her to select the venue based on her residence. Applicant argues that she will be harmed in having to travel to a venue far from her residence. By way of its Answer, defendant contends that the WCJ properly changed the venue to Orange County where the injury occurred and where it is more convenient for the witnesses.            We have considered the allegations of applicant’s petition, defendant’s Answer and the contents of the record, including the WCJ’s “Report and Recommendation on Petition for Reconsideration/Removal” (Report). Based on our review of the record and for the reasons stated herein and in the WCJ’s Report, we will dismiss applicant’s Petition for Reconsideration and deny removal.            First, we note that reconsideration may be had only of a final order, decision, or award. 1All further statutory references are to the Labor Code unless otherwise stated. , (Lab. Code §§ 5900, subd. (a); 5902.) Interlocutory procedural orders are not final orders within the meaning of section 5900. A “final” order has been defined as one “which determines any substantive right or liability of those involved in the case.”

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