Domino's Pizza v. Workers' Compensation Appeals Board

Opinion

COFFEE, J.

We issued a writ of review to consider whether the Workers’ Compensation Appeals Board (Board) erred by denying a petition to transfer venue to Santa Barbara County as requested by the employer’s insurer, State Compensation Insurance Fund (SCIF). We conclude that Labor Code section 5501.5, subdivision (c) mandates that venue be changed from San Luis Obispo County to Santa Barbara County.

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We direct Board to annul its decision denying the petition for change of venue and to substitute in its place an order granting the petition so the matter may be heard in Santa Barbara County.

Facts and Procedural History

Don Kerr sought workers’ compensation benefits for an industrial injury to his hip. The application states he lives in Lompoc, his employer’s business, Domino’s Pizza, is located in Lompoc, he was injured in Lompoc-, his attorney’s principal office is in Santa Maria, and the employer’s insurer is located in Oxnard. All of these places are in Santa Barbara County except for employer’s insurer, which is in Ventura County. Nonetheless, Kerr filed his claim in San Luis Obispo County.

SCIF filed an informal petition to transfer venue to the Goleta district office, which is located in Santa Barbara County. The presiding workers’ compensation judge (WCJ) denied the petition without prejudice, explaining that the parties are closer to Grover Beach (San Luis Obispo County) than Goleta (Santa Barbara County).

SCIF filed a formal petition for removal based on section 5501.5, which states that the claim must be adjudicated in the county where the injured

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employee resides or was injured, or in the county where the applicant’s attorney maintains his or her principal place of business. (§ 5501.5, subd. (c).)

The WCJ concluded that the petition for removal is not supported by facts, but that if petitioner would present facts showing substantial prejudice or irreparable harm, he would reconsider the matter. In his report, the WCJ concluded that Grover Beach “is the most convenient office for all parties to have the case heard.”