Vanguard Security Services Inc., Everett National Insurance administered by Gallagher Bassett Services Younas Khan WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAYOUNAS KHAN, Applicant,vs.VANGUARD SECURITY SERVICES, INC., EVERETT NATIONAL INSURANCE administered by GALLAGHER BASSETT SERVICES, Defendants.Case No. ADJ8321260 (Marina del Rey District Office)OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION; GRANTING REMOVAL AND DECISION AFTER REMOVAL Defendant seeks reconsideration of an Order issued by the Presiding Workers’ Compensation Judge (PJ) at the Marina del Rey District Office (MDR) on January 9, 2013. In that Order, the PJ denied defendant’s petition for a change of venue from MDR to the Stockton District Office (STK) on the grounds that the petition was untimely under Labor Code1 section 5501.5 and that no evidence was presented that defendant’s objection letter was timely served. Defendant contends that it timely filed an objection to venue under section 5501.5 so that its petition for change of venue should be granted. We did not receive an answer from applicant Younas Khan. We received a Report and Recommendation on Petition for Reconsideration (Report) from the PJ in response to the petition, which recommends that the petition for reconsideration be dismissed and that removal be denied. We have reviewed the record and considered the allegations of the petition for reconsideration and the contents of the Report. Based on our review of the record and for the reasons stated below, we will dismiss defendant’s petition for reconsideration and grant removal on our own motion, rescind the Order, grant defendant’s petition for change of venue, and return the matter to the PJ at MDR for change of venue to STK. 1 Unless otherwise stated, all statutory references are to the Labor Code. , FACTUAL BACKGROUND Applicant was employed by defendant as a security guard and claimed injury of January 8, 2012 to vari
Younas Khan vs. Vanguard Security Services Inc., Everett National Insurance Administered By Gallagher Bassett Services
In this case, Vanguard Security Services Inc. and Everett National Insurance, administered by Gallagher Bassett Services, sought to have the venue of a workers' compensation case changed from the Marina del Rey District Office to the Stockton District Office. The petition for reconsideration was dismissed and removal was granted on the Workers' Compensation Appeals Board's own motion. The Board rescinded the original order, granted the petition for change of venue, and returned the matter to the Presiding Judge at the Marina del Rey District Office for change of venue to the Stockton District Office.
- Filed On:
- Court: California, Marina del Rey
- Case No. ADJ8321260
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