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PanelGranted

Michael Werle — ADJ14659603

MICHAEL WERLE, Applicant vs. CITY OF ROHNERT PARK, PERMISSIBLY SELF-INSURED, ADMINISTERED BY ATHENS ADMINISTRATORS, Defendants

ADJ number: ADJ14659603
Decision date: Oct 13, 2021
District office: San Francisco District Office
WCJ: —
Claim administrator: Athens Administrators (Concord) for City of Rohnert Park, permissibly self-insured
Commissioners: MARGUERITE SWEENEY, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER, DEIDRA E. LOWE, COMMISSIONER

Injury / body parts: various body parts

LC §5501.5CCR §10330CCR §10390CCR §10488CCR §10617CCR §10955

Summary

Applicant Michael Werle, a fire captain for the City of Rohnert Park (permissibly self-insured, administered by Athens Administrators), filed his application in the San Francisco District Office, though he resides in Santa Rosa and was injured in Rohnert Park. Defendant timely filed Petitions for Change of Venue to Santa Rosa, but the WCJ twice denied them on the grounds that the captions and notices of representation did not properly identify the employer as permissibly self-insured. Defendant sought removal, arguing the second petition did stated the employer was permissibly self-insured. The Appeals Board granted removal, holding that under Labor Code section 5501.5(c) a transfer of venue is mandatory when the objection is timely, and that captioning defects do not justify denial since the proper remedy is sanctions, not refusal of a mandatory venue change. The Board rescinded the WCJ's order and transferred venue to Santa Rosa.

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.