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PanelDismissed

Narvaez, Vincent

VINCENT NARVAEZ, Applicant vs. GRANITEROCK COMPANY, AMERICAN CONTRACTORS INSURANCE GROUP; adjusted by TRISTAR RISK MANAGEMENT, CONCORD, Defendants

ADJ number: ADJ18034522
Decision date: Jan 28, 2024
District office: Oakland
WCJ: —
Claim administrator: Tristar Risk Management (adjusting for American Contractors Insurance Group)
Commissioners: —

Injury / body parts: knee (patella), lower extremities

LC §5501.5LC §5501.6LC §5900LC §5902LC §5903CCR §10488CCR §10955

Summary

Applicant, a ready mix driver, claimed a specific industrial injury to his knee and lower extremities on July 5, 2023. His attorney filed the Application with venue in Oakland based on the attorney's principal place of business (Lab. Code § 5501.5(a)(3)), but applicant later dismissed the attorney. Defendant filed an objection to venue and petition for change of venue to Salinas, which the PWCJ denied, finding the petition failed to show why travel distance would be burdensome and failed to specify the substance of witness testimony. Defendant sought reconsideration or removal. The WCAB dismissed the petition for reconsideration because an order denying change of venue is interlocutory and not 'final,' and denied removal because defendant failed to show substantial prejudice or irreparable harm.

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.

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.