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PanelGranted

Carol Boyan Held — ADJ15052580

CAROL BOYAN HELD, Applicant vs. MORENO VALLEY UNIFIED SCHOOL DISTRICT, permissibly self-insured, administered by KEENAN & ASSOC., Defendants

ADJ number: ADJ15052580
Decision date: Feb 21, 2022
District office: Marina del Rey
WCJ: —
Claim administrator: Keenan & Assoc. (administrator for permissibly self-insured Moreno Valley Unified School District)
Commissioners: DEIDRA E. LOWE, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: head, neck, shoulders (scapula), arm, nervous system (psychiatric/psych)

LC §5501.5LC §5313CCR §10488CCR §10955CCR §10803CCR §10515

Summary

Applicant Carol Boyan Held claimed an industrial injury on July 27, 2021 while employed as director of elementary education due to a car accident. Defendant filed a Petition for Change of Venue under Labor Code section 5501.5 seeking to move the case from Marina del Rey to Riverside, asserting it was timely filed within 30 days of receiving notice of the case number and venue. The WCJ issued an order denying the petition without prejudice as untimely. Defendant sought removal, arguing improper interpretation of section 5501.5 and significant prejudice. The Appeals Board granted removal, finding the record insufficient to evaluate the WCJ's order because the December 29, 2021 minutes were silent as to evidence considered, stipulations, or evidence admitted, with no summary of evidence and no exhibits in evidence. The Board rescinded the order and returned the matter to the trial level for further proceedings.

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.