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PanelGranted

Muro, Omar

OMAR MURO, Applicant vs. RND CONTRACTORS, INC.; OLD REPUBLIC GENERAL INSURANCE COMPANY, Defendants

ADJ number: ADJ12660350
Decision date: Jan 24, 2022
District office: San Francisco
WCJ: —
Claim administrator: Old Republic General Insurance Company
Commissioners: LISA A. SUSSMAN, DEPUTY COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER

LC §5501.6LC §4553CCR §10396CCR §10398CCR §10955

Summary

Applicant Omar Muro sustained industrial injuries on October 9, 2019 when an elevated steel beam collapsed, killing a co-employee and prompting a psychiatric injury claim by the deceased's father. Applicant's claim was resolved by an approved Compromise and Release, but a pending serious and willful misconduct petition under Labor Code section 4553 remained. Defendant RND filed a petition to consolidate applicant's San Francisco-venued case with two Bakersfield-venued cases, but the San Francisco PWCJ instead issued an Order changing venue to Bakersfield without a hearing or any petition for change of venue having been filed. The Board granted RND's Petition for Removal, finding the venue change violated due process because it occurred without a proper request under section 5501.6, without a record, and without an opportunity to be heard. The Board rescinded the Order and returned the matter to San Francisco, directing that the consolidation petition be referred to the Chief Judge or designee.

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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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.