Delfina Huerta vs. Motel 6 Liberty Mutual Insurance Company Gallagher Bassett Services

(GOL 0100780)ADJ592600 (GOL 0100779)In this case, Delfina Huerta filed a Petition for Removal to move her workers' compensation case from the Oxnard District Office to a closer location. The Workers' Compensation Appeals Board denied the Petition for Removal, citing the Division of Workers' Compensation's budgetary constraints and the WCAB's authority to calendar hearings at different district or satellite offices without changing venue. The WCAB also noted that CourtCall is available in most of the hearing rooms at the Oxnard district office and encouraged the use of CourtCall for applicants who may have difficulty traveling to Oxnard.

MOTEL 6 LIBERTY MUTUAL INSURANCE COMPANY GALLAGHER BASSETT SERVICES DELFINA HUERTA WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADELFINA HUERTA, Applicant,vs.MOTEL 6; LIBERTY MUTUAL INSURANCECOMPANY; GALLAGHER BASSETTSERVICES, Defendants.Case Nos. ADJ255119 (GOL 0100780)ADJ592600 (GOL 0100779)(Oxnard District Office)ORDER DENYINGPETITION FOR REMOVAL            We have considered the allegations of the Petition for Removal and the contents of the report of the workers’ compensation administrative law judge with respect thereto. Based on our review of the record, and for the reasons stated in said report, which we adopt and incorporate, we will deny removal.            We are not unsympathetic to the concerns expressed in applicant’s petition. Nevertheless, by statute, it is the Division of Workers’ Compensation (DWC) that provides quarters for the district offices of the Workers’ Compensation Appeals Board (WCAB). (Lab. Code, § 138.2(b).) In doing so, DWC must act within its budgetary constraints. (See Lab. Code, § 62.5(a)(1)(A); see also § 133 (DWC “shall have power and jurisdiction to do all things necessary or convenient in the exercise of any power or jurisdiction conferred upon it under this code”).) Moreover, as discussed in the WCJ’s Report, even when venue lies with a particular district office (see Lab. Code, § 5501.5), the WCAB has the authority to calendar a hearing at a different district or satellite office, without changing venue, when judicial or space resources are limited. (Cf. Lab. Code, § 4903.4(b); Cal. Code Regs., tit. 8, § 10770.1(a)(2).)1 1 Section 4903.4(b) allows medical treatment lien conferences to be “calendared for hearing or hearings as determined by the appeals board based upon the resources available to the appeals board and other considerations as the appeals board deems appropriate and shall not be subject to Section 5501.” The reference to section 5501 (regarding who may file an application and how the application should be

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