Rexnord Industries, Llc; Corvel Corporation, Wanda Vagt, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAWANDA VAGT,Applicant,vs.REXNORD INDUSTRIES, LLC; CORVEL CORPORATION,Defendants.Case No. ADJ10573361(Oxnard District Office)OPINION AND DECISION AFTER RECONSIDERATION We previously granted the Petition for Reconsideration (Petition) filed by applicant to further study the factual and legal issues in this case. This is our Opinion and Decision after Reconsideration. Applicant sought reconsideration, and by a separately-filed Petition, removal, of the January 19, 2017 Order Granting Change of Venue (Order), wherein the workers’ compensation administrative law judge (WCJ) granted defendant’s request for change of venue and transferred the matter from the Van Nuys District Office to the Oxnard District Office. Applicant contended that the WCJ erred in granting defendant’s request for change of venue and transferring the matter from the Van Nuys District Office to the Oxnard District Office. We have considered the Petition for Reconsideration, the Petition for Removal, and the contents of the Report, and we have reviewed the record in this matter. We have not received an answer from defendant. The WCJ prepared a Report and Recommendation on Petition for Removal (Report), recommending that the Petition be denied. For the reasons discussed below, we will vacate our March 30, 2017 grant and dismiss the Petition for Reconsideration. For the Reasons expressed by the WC] in his Report, which we adopt and incorporate, we will also deny the Petition for Removal. Additionally, we will grant removal on our own motion and will issue a notice of intention to , order sanctions of up to $500.00 against the Law Office of Raphael B. Hedwat and Raphael B. Hedwat, Esq., jointly and severally, pursuant to Labor Code section 58131 and WCAB Rule 10561 (Cal. Code Regs., tit. 8, § 10561), On September 19, 2016, applic
Wanda Vagt, vs. Rexnord Industries, Llc; Corvel Corporation,
In this case, Wanda Vagt filed an Application for Adjudication of Claim in which she selected the Van Nuys District Office as the venue for her claim. Rexnord Industries, LLC and Corvel Corporation filed a Petition to Change Venue, alleging that the Oxnard District Office was the correct venue for applicant’s claim. The WCJ granted the Petition and transferred the case to the Oxnard District Office. Wanda Vagt sought reconsideration and removal of the Order, contending that the WCJ erred in transferring venue of her case. The WCJ denied the Petition for Removal and the Workers' Compensation Appeals Board vacated the grant of reconsideration and dismissed the Petition for Reconsideration. The Board also removed
- Filed On:
- Court: California, Oxnard
- Case No. ADJ10573361
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