WCPanelIQ
PanelDismissed

Enrique Medina — ADJ15605512, ADJ15605513

ENRIQUE MEDINA, Applicant vs. POMONA UNIFIED SCHOOL DISTRICT, permissibly self-insured, Defendant

ADJ number
ADJ15605512, ADJ15605513
Decision date
Oct 24, 2022
District office
Marina Del Rey
WCJ
—
Claim administrator
Pomona Unified School District (permissibly self-insured)
Commissioners
MARGUERITE SWEENEY, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER
LC §5501.5

Summary

Defendant Pomona Unified School District filed a Petition for Removal challenging the WCJ's February 24, 2022 Original Order denying its petition for change of venue, arguing applicant did not actually reside in Los Angeles County. However, before the petition was filed, the WCJ had already issued a March 9, 2022 Amended Order correcting the residence misstatement but still finding venue proper in Marina Del Rey because the injury occurred in Los Angeles County, an alternate basis under Labor Code section 5501.5. The Petition for Removal made no mention of the Amended Order and defendant never filed a new or supplemental petition addressing it. The WCAB dismissed the petition as moot because it sought review of an order that had been superseded by the Amended Order, which provided an unchallenged alternate basis for venue.

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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