Maria Jimenez vs. Ihg Resources Inc Zurich North America

ADJ8752512 In this case, Maria Jimenez filed a Petition for Removal with the Workers' Compensation Appeals Board (WCAB) against IHG Resources, Inc. and Zurich North America. The WCAB reviewed the allegations and the report of the workers' compensation administrative law judge and denied the Petition for Removal. The WCAB noted that it was not unsympathetic to the concerns expressed in the petition, but that the Division of Workers' Compensation (DWC) must act within its budgetary constraints. The WCAB also noted that it has the authority to calendar a hearing at a different district or satellite office, without changing venue, when judicial or space resources are limited. The Petition for Removal was denied.

IHG RESOURCES INC ZURICH NORTH AMERICA MARIA JIMENEZ WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARIA JIMENEZ, Applicant,vs.IHG RESOURCES, INC.; ZURICH NORTHAMERICA, Defendants.Case Nos. ADJ8463132ADJ8752512(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, § 107 70.1(a)(2).) [Fn. omitted.]/ / // / // / // / / ,             For the foregoing reasons,            IT IS ORDERED that the Petition for Removal is DENIED.WORKERS’ COMPENSATION APPEALS BOARD    _____________________________________________FRANK M. BRASS        I CONCUR,                    DEPUTY_____________________________________________CRISTINE E. GONDAK    CONCURRING, BUT NOT SIGNING            DEIDRA E. LOWE_____________________________________________        DATED AND FILED AT SAN FRANCIS

To continue reading ... start a FREE Trial for 10 days

Discover the cases you didn’t know you were missing!

Copyright © 2023 - CompFox Inc.