WCPanelIQ
PanelGranted

Porras, Magdalena

MAGDALENA PORRAS, Applicant vs. HORIZON PERSONNEL SERVICES; BENCHMARK INSURANCE COMPANY, admin by NEXT LEVEL ADMINISTRATORS, Defendants

ADJ number
ADJ10578909
Decision date
Aug 21, 2024
District office
Marina del Rey
WCJ
—
Claim administrator
Next Level Administrators (administering for Benchmark Insurance Company)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, CRAIG SNELLINGS, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER
LC §5803LC §3715CCR §10490CCR §10832CCR §10330CCR §10360CCR §10421

Summary

Defendant Benchmark Insurance Company, administered by Next Level Administrators, filed a Petition for Removal challenging a February 7, 2024 order changing venue from San Diego to Marina del Rey and the cancellation of a February 13, 2024 trial. Defendant argued it was not served with the Notice of Intention to Order Change of Venue and was denied due process, among other contentions including that the WCJ's jurisdiction was limited to the prior dismissal order and that the original San Diego judge should testify. The WCJ conceded improper service and recommended rescinding the venue order. The Board granted removal and rescinded the February 7, 2024 order on due process grounds, but rejected defendant's other arguments, holding the WCJ has broad jurisdiction and that judicial officers may not be compelled to testify about the basis for their rulings. The matter was returned to the trial level for further proceedings.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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