What the panel ordered
Petition for Removal granted, August 19, 2021 Order rescinded, matter returned to PWCJ for further proceedings.
Defendant sought removal of the August 19, 2021 Order Denying Defendant's Petition for Change of Venue issued by the PWCJ.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The Board found that the defendant's petition for change of venue may have been timely filed within 30 days of receipt of notice, warranting further proceedings to determine timeliness.
From the decision · page 2WCAB Rule 10488 provides that, in order to timely object to venue based on an applicant's attorney's principal place of business, an employer must file an objection, pursuant to Section 5501.5(c) within 30 days from "receipt" of notice of an ADJ number and venue. In this case, given that defendant asserted, in a verified Petition for Removal that it attempted to file the Petition for Change of Venue by mail on March 2, 2021, defendant should be allowed to provide additional evidence related to its attempt to file the petition. Therefore, we will grant removal, rescind the August 19, 2021 Order, and return this matter to the trial level for the PWCJ to determine if defendant's Petition for Change of Venue was filed within 30 days of the employer's receipt of the Notice of Application.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Defendant asserted in a verified Petition for Removal that it attempted to file the Petition for Change of Venue by mail on March 2, 2021.
Favours Defendant prevailed
This assertion supports the possibility that the petition was timely filed within 30 days, warranting further proceedings.
From the decision · page 2asserts that it sent the petition by certified mail and that a post office confirmation indicates that defendant's petition was received by the WCAB on March 11, 2021.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Labor Code
Labor Code Section 5501.5
Sets forth locations where an application for adjudication of claim may be filed and timeliness of venue objection.
From the decision · page 2Subdivision (b) provides that, if the county has more than one WCAB office, the application shall be filed at any location that meets the criteria in subdivision (a), and that the written consent of the employee, or dependent of a deceased employee, to the selected venue shall be filed with the application. Section 5501.5(c) provides that, if the employer objects to venue selected on the basis of the employee's attorney's principal place of business, within 30 days of receipt of the information request form, then the application shall be filed pursuant to the first two paragraphs of subdivision (a), i.e., in the county where the employee, or dependent of a deceased employee, resides or where the injury allegedly occurred.
Labor Code
Labor Code Section 5501.6
Provides criteria for change of venue based on evidence.
From the decision · page 2(X) The petition is untimely under Labor Code Section 5501.5 (X) The petition presents insufficient evidence to support a change of venue pursuant to Labor Code Section 5501.6. (X) Other: AdminSure was served with a Notice of Application 2/12/2021 Labor Code section 5501.5(a) sets forth those locations where an application for adjudication of claim may be filed: 1) the county where the injured employee or the dependent of a deceased employee resides, 2) the county where the injury allegedly occurred, and 3) the county where the employee's attorney maintains his or her principal place of business.
WCAB
WCAB Rule 10488
Requires timely objection to venue within 30 days from receipt of notice of ADJ number and venue.
From the decision · page 2WCAB Rule 10488 provides that, in order to timely object to venue based on an applicant's attorney's principal place of business, an employer must file an objection, pursuant to Section 5501.5(c) within 30 days from "receipt" of notice of an ADJ number and venue. In this case, given that defendant asserted, in a verified Petition for Removal that it attempted to file the Petition for Change of Venue by mail on March 2, 2021, defendant should be allowed to provide additional evidence related to its attempt to file the petition. Therefore, we will grant removal, rescind the August 19, 2021 Order, and return this matter to the trial level for the PWCJ to determine if defendant's Petition for Change of Venue was filed within 30 days of the employer's receipt of the Notice of Application.
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About this page
- A published decision of the California Workers' Compensation Appeals Board, taken apart by what it turned on. The Board publishes the decision itself; this page adds the extraction and quotes the passage behind every claim.
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