Tracey Calhoun vs. Ramona Manor Convalescent home; Athens Administrators

In this case, Tracey Calhoun (Applicant) filed a workers' compensation claim against Ramona Manor Convalescent Home and Athens Administrators (Defendants). The Defendants sought removal or reconsideration of the order denying change of venue from the Los Angeles WCAB District Office to the Riverside WCAB District Office. The Workers' Compensation Appeals Board denied the petition for removal and dismissed the petition for reconsideration, finding that the order was procedural rather than substantive and that the Defendants had failed to demonstrate that they would suffer substantial prejudice or irreparable harm if removal was not granted.

Ramona Manor Convalescent Home; Athens Administrators Tracey Calhoun WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIATRACEY CALHOUN, Applicant,vs.RAMONA MANOR CONVALESCENT HOME; ATHENS ADMINISTRATORS, Defendants.Case No. ADJ7188295OPINION AND ORDERS RECONSIDERATION AND DENYING PETITION FOR REMOVAL            Ramona Manor Convalescent Home insured by Athens Administrators (Defendant), by unverified but timely petition, seeks removal or, in the alternative, reconsideration of the order denying change of venue (Order) issued in this case by a workers’ compensation administrative law judge (WCJ) on May 27, 2010.            Defendant contends that the WCJ erred in denying its petition for change of venue from the I>os Angeles WCAB District Office to the Riverside WCAB District Office because applicant’s residence, the place of employment, the treating doctor’s office and the location of the alleged industrial injury are all in Hemet, California, which is within the jurisdiction of the Riverside WCAB District Office.            We have considered the allegations of the petition for removal or, alternatively, petition for reconsideration; the answer filed by applicant; and the contents of the report and recommendation on petition for removal (Repon) of the WCJ.            Based upon our review of the record and for the reasons discussed below, we will deny Defendant’s petition for removal. In addition, treating defendant’s petition as a petition for reconsideration, we will dismiss it.            It is well settled that reconsideration may be had only of a final order, decision or award. (Labor Code section 5900. An order which docs not dispose of the substantive rights and liabilities , of those involved in a case, is not a final order. (2 California Workers’ Compensation mcticëi Cal. CEB 4,h Ed., 2009, sections 21.8-21.9, pp. 1678-1680.) A “final” order has been defined as once which determines any substantive right or liability of those involved in the case.

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