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PanelDenied

Jaime Molina — ADJ16947266

JAIME MOLINA, Applicant vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS-SAN QUENTIN, Legally Uninsured; STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, Defendants

ADJ number: ADJ16947266
Decision date: Feb 16, 2023
District office: Santa Rosa
WCJ: Eugene Gogerman
Claim administrator: State Compensation Insurance Fund / State Contract Services
Commissioners: —

LC §5501.5CCR §10488CCR §10955

Summary

Applicant Jaime Molina filed an application for adjudication alleging a December 2021 industrial injury while working at San Quentin State Prison, selecting the San Francisco District Office as venue. Defendant timely objected, and the WCJ reassigned venue to the Santa Rosa District Office. Applicant filed a Petition for Removal, arguing San Francisco was proper based on the location of injury (via the DWC ZIP code tool) and that he would suffer prejudice and irreparable harm. The WCAB denied removal, adopting the WCJ's report which found that because there is no Board office in Marin County (where injury occurred), venue could only have attached to San Francisco via the attorney's place of business, and upon timely objection Labor Code section 5501.5 mandated reassignment to Santa Rosa (county of residence). The Board found applicant 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.