Authorities as the decision cited them, with how this panel applied each one.
Labor Code section 5501.5
Labor Code section 5501.5
Mandates venue change if objection to venue is timely and proper.
From the decision · page 3DISCUSSION
Removal 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 shows that
substantial prejudice or irreparable harm will result if removal is not granted. (Cal. Code Regs.,
tit. 8, § 10955(a); see also Cortez, supra; Kleemann, supra.) Here, we will grant removal because
we are persuaded that petitioner has shown that substantial prejudice or irreparable harm will
result if removal is not granted.
Labor Code section 5501.5(a) sets forth the 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. (Lab.
California Code of Regulations, title 8, section 10330
California Code of Regulations, title 8, section 10330
Gives WCJ full power to hear and determine all issues and issue orders as necessary.
From the decision · page 4Next we will turn to the issue of whether the WCJ may "exercise [her] powers under
California Code of Regulations, title 8, section 10330 and deny defendant's petition for change of
venue" (Report, p. 5). The WCJ is correct in her Report that the WCJ has "full power, jurisdiction
and authority to hear and determine all issues of fact and law presented and to issue any interim,
interlocutory and final orders, findings, decisions and awards as may be necessary to the full
adjudication of the case" under WCAB Rule 10330. While we are sympathetic to the WCJ's
concerns, we are constrained by the language of the Labor Code section 5501.5. We remind
defendant that it needs to comply with WCAB Rule 10617 and we acknowledge its apology for
non-compliance.
California Code of Regulations, title 8, section 10390
California Code of Regulations, title 8, section 10390
Requires proper caption and notice of representation.
From the decision · page 2FACTUAL BACKGROUND
Applicant claims injury to various body parts on April 19, 2021 while employed by the
defendant as a public safety officer fire captain. The applicant filed the Application for
Adjudication of Claim in the San Francisco District Office on May 13, 2021.
Counsel for defendant filed its first Notice of Representation on June 4, 2021. The name
of the defendants in the caption read "City of Rohnert Park and Athens Administrator Concord."
Defendant filed its first Petition for Change of Venue on June 4, 2021. The name of the defendants
in the caption read "City of Rohnert Park (Athens Administrator Concord)". Defendant contends
that transferring venue to the Santa Rosa District Office is proper pursuant to Labor Code1 section
5501.5(c).
The WCJ issued the first Order Denying Petition for Change of Venue on June 14, 2021.
The Order states, in relevant part, "defendant has not included a proper caption nor filed a proper
notice of representation pursuant to California Code of Regulations, title 8, section 10390.
Defendant may refile an amended petition with a proper caption. There is no indication on the
petition for change of venue as to whether the employer is permissibly self-insured and if so, the
identity of the third-party administrator."
Defendant filed a second Petition for Change of Venue on July 2, 2021.
California Code of Regulations, title 8, section 10488
California Code of Regulations, title 8, section 10488
Requires timely objection to venue within 30 days of notice of adjudication number.
From the decision · page 3Code, § 5501.5(a).)
Subsection 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. WCAB Rule 10488 provides that a timely objection to venue
pursuant to section 5501.5(c) must be filed within 30 days of receipt of the notice of the
adjudication number. "A timely objection shall result in venue being assigned in accordance with
California Code of Regulations, title 8, section 10617
California Code of Regulations, title 8, section 10617
WCJ must consider merits of petition and may sanction for non-compliance with WCAB rules.
From the decision · page 4Under WCAB Rule 10617, the WCJ must consider the merits of the petition, and she may
sanction under subdivision (e) for non-compliance with the rules of the Workers' Compensation
Appeals Board. Here, the WCJ states in her Report that in lieu of ordering sanctions, she gave
defendant an opportunity to correct the error in the caption. WCAB Rule 10390 does not provide
for any consequences for failure of a party to comply with a rule. When a rule is silent about the
consequences, the WCJ is limited to sanctioning for failure to comply. Again, we are sensitive to
the WCJ's frustrations, however under Labor Code section 5501.5(c), the transfer of venue is
mandatory as the petition was timely.