ADJ18581542 · September 16, 2024

Applicant demonstrated good cause for change of venue due to full-time residence in Los Angeles County, hardship of travel to Fresno, and location of attorney and treaters; denial of removal would cause substantial prejudice or irreparable harm; reconsideration was inadequate remedy.

From the decision · page 1Applicant seeks removal, or in the alternative, reconsideration, of the June 19, 2024 Order wherein the presiding workers' compensation administrative law judge (PWCJ) denied applicant's Petition for Change of Venue.

Applicant resides full time in Los Angeles County and her attorney and treaters are located there.

Favours Applicant prevailed

Supports good cause for change of venue and removal of prior order.

From the decision · page 7as section 5501.6 is concerned. As noted above, applicant, applicant's attorney, and applicant's treaters are all located in Los Angeles County. Although the residency of any one of these may not be enough to establish good cause, applicant has also indicated that travel to Fresno County for hearings would lead to extreme hardship due to applicant's ongoing health issues due to the alleged work injury. (Petition for Change of Venue, June 6, 2024, p. 4.)

Travel to Fresno County for hearings would cause extreme hardship due to applicant's chronic pain syndrome and neurological issues.

Favours Applicant prevailed

Supports finding of substantial prejudice or irreparable harm if removal denied.

From the decision · page 6the venue back to Van Nuys since travel to Fresno County for hearings would lead to "extreme hardship" due to applicant's "chronic pain syndrome" and "neurological issues" preventing her from being able to "drive long distances." (Petition for Change of Venue, June 6, 2024, p. 4.) Aside from the potential hardship, applicant noted that her attorney and treaters were also all located in Los Angeles County.

No evidence that applicant waived right to change venue by filing Declaration of Readiness to Proceed or by trial setting.

Favours Applicant prevailed

Supports rejection of defendant's waiver argument and allows venue change.

From the decision · page 7Defendant argues that applicant's filing of a Declaration of Readiness to Proceed and the setting of a trial in Fresno constitute waiver. There is nothing within the Labor Code or case law, however, to suggest that applicant has waived her right to request a change of venue simply due to the filing of a Declaration of Readiness to Proceed or the setting of a trial. The issue of venue cannot and should not act as a backstop to other ongoing issues which require litigation. Applicant's lack of objection to defendant's original Petition and the resulting Order similarly do not constitute waiver. Unforeseen circumstances may arise which necessitate a change in venue. It is for this reason we see no specific exceptions outlined within section 5501.6.

Cal. Code Regs., tit. 8, 10955(a)

Petition for removal granted only if petitioner shows substantial prejudice or irreparable harm and reconsideration is inadequate remedy.

Applied to grant removal petition due to hardship and inadequacy of reconsideration remedy.

From the decision · page 5Removal is an extraordinary remedy rarely exercised by the appeals board. (Cortez v. Workers' Comp. Appeals Bd. (2006) 136 Cal.App.4th 596, 599, fn. 5 [71 Cal.Comp.Cases 155]; Kleemann v. Workers' Comp. Appeals Bd. (2005) 127 Cal.App.4th 274, 280, fn. 2 [70 Cal.Comp.Cases 133].) The appeals board will grant removal only if the petitioner can show that substantial prejudice or irreparable harm will result if removal is not granted. (Cal. Code Regs., tit. 8, § 10955(a).) The petitioner must also demonstrate that reconsideration will not be an adequate remedy if a final decision adverse to the petitioner ultimately issues. (Id.) In the instant case, we believe substantial prejudice or irreparable harm will result if removal is denied and reconsideration will not be an adequate remedy if the matter ultimately proceeds to a final decision adverse to applicant. As such, we will grant the Petition as one for removal.

Labor Code sections 5501.5(a) and 5501.6

Venue may be based on residence of injured employee, location of injury, or attorney's principal place of business.

Applied to determine proper venue and change of venue good cause.

From the decision · page 5Turning now to the issue of venue, pursuant to section 5501.5(a), an application for adjudication of claim may be filed:

Applicant's full-time residence in Los Angeles County and health issues causing hardship for travel to Fresno County.

From the decision · page 6the venue back to Van Nuys since travel to Fresno County for hearings would lead to "extreme hardship" due to applicant's "chronic pain syndrome" and "neurological issues" preventing her from being able to "drive long distances." (Petition for Change of Venue, June 6, 2024, p. 4.) Aside from the potential hardship, applicant noted that her attorney and treaters were also all located in Los Angeles County.