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Chris Benavides vs. County Of San Bernardino, permissibly Self-insured

County Of San Bernardino, Permissibly Self-Insured Chris Benavides WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACHRIS BENAVIDES, Applicant,vs.COUNTY OF SAN BERNARDINO, permissibly self-insured, Defendants.Case No. ADJ6748018OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION, GRANTING PETITION FOR REMOVAL, AND DECISION AFTER REMOVAL            Defendant seeks reconsideration or. in the alternative, removal of the Order Denying Change of Venue (Order) issued in this ease on June 8. 2010. wherein a presiding workers’ compensation administrative law judge (PWCJ) denied defendant’s request for change of venue to the San Bernardino District Office on the basis that its request was untimely.            Defendant contends that the PWCJ erred in denying its request for change of venue because it never received a Notice of Application, wích would trigger its right to request a change of venue under Cal. Code Regs. lit. 8, section 10410. Additionally, defendant argues that it took the initiative to determine whether or not an application for adjudication of claim had been filed, and promptly filed a Petition for Change of Venue when it was provided w-ith the assigned ADJ number.            We have considered the allegations of the petition for reconsideration or. in the alternative, removal and the contents of the report and recommendation on petition for reconsideration (Report) of the PWCJ. We have not received an answer from applicant.            Based upon our review of the record and for the reasons discussed below, we will dismiss defendant’s petition for reconsideration, treat it as a petition for removal, and grant the petition forremoval. , Relevant Facts            On April 20. 2009. applicant filed an application for adjudication of claim at the Anaheim District Office in which he alleged an injur)’ to his back, psyche and other body parts, arising out of and occurring in the course of his employment by defendant as a laborer. The Division of Wor

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