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PanelDismissed

Fiehmann, Pamela

PAMELA FIEHMANN, Applicant vs. EL CAMINO HOSPITAL, Permissibly Self-Insured; CORVEL CORPORATION, THIRD PARTY ADMINISTRATOR, Defendants

ADJ number: ADJ17888876
Decision date: Sep 28, 2023
District office: San Jose District Office
WCJ: —
Claim administrator: CorVel Corporation (Third Party Administrator for El Camino Hospital, Permissibly Self-Insured)
Commissioners: JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, CRAIG SNELLINGS, COMMISSIONER

Injury / body parts: various body parts

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

Summary

Applicant Pamela Fiehmann, a Clinical Nurse Manager who resides in Texas, filed her application for adjudication in San Diego based on her attorney's principal place of business. Defendant timely filed a Petition to Transfer Venue under Labor Code section 5501.5(a)(2), and the PWCJ issued an Order changing venue from San Diego to San Jose (Santa Clara County, where the injury occurred in Los Gatos). Applicant sought reconsideration arguing she was not served with defendant's objection. The Board dismissed the Petition for Reconsideration because a venue order is an interlocutory, non-final order, and denied it as a Petition for Removal because applicant failed to show substantial prejudice or irreparable harm. The Board noted the venue change was mandatory under Labor Code section 5501.5(c) since applicant resides out of state, and that applicant could later raise objections by filing a petition to change venue for good cause under Labor Code section 5501.6.

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.