Cal. Code Regs., tit. 8, 10955(a)
Removal will be granted only if petitioner shows substantial prejudice or irreparable harm and that reconsideration is inadequate remedy.
Applied to deny removal petition due to lack of demonstrated prejudice or harm.
From the decision · page 1Removal is an extraordinary remedy rarely exercised by the Appeals Board. (Cortez v.
Workers' Comp. Appeals Bd. (2006) 136 Cal.App.4th 596, 599, fn. 5 [71 Cal.Comp.Cases 155];
Kleemann v. Workers' Comp. Appeals Bd. (2005) 127 Cal.App.4th 274, 280, fn. 2 [70
Cal.Comp.Cases 133].) The Appeals Board will grant removal only if the petitioner shows that
substantial prejudice or irreparable harm will result if removal is not granted. (Cal. Code Regs.,
tit. 8, § 10955(a); see also Cortez, supra; Kleemann, supra.) Also, the petitioner must demonstrate
that reconsideration will not be an adequate remedy if a final decision adverse to the petitioner
ultimately issues. (Cal. Code Regs., tit. 8, § 10955(a).) Here, for the reasons stated in the WCJ's
report, we are not persuaded that substantial prejudice or irreparable harm will result if removal is
denied and/or that reconsideration will not be an adequate remedy if the matter ultimately proceeds
to a final decision adverse to petitioner.
Labor Code 5501.5
Venue assignment governed by Labor Code 5501.5, which provides venue options and objection procedures.
Defendant's timely objection to venue assignment based on attorney's principal place of business was valid; reassignment to Santa Rosa proper.
From the decision · page 4Since there is no Appeals Board district office in Marin County, paragraph 2 of the subdivision
was not valid authority for venue assignment. While applicant makes reference, in his petition for
removal, to relying on the DWC's online ZIP code search tool,2 that listing does not dictate where
applications for adjudication may be filed. In fact, according to the web site, for each ZIP code entered
in the search field, it produces "the corresponding district office for filing most forms" (emphasis
added). Rather, the statutory authority for venue assignment is in the Labor Code. The subdivision
gives three options: "(1) In the county where the injured employee... resides on the date of filing. []
(2) In the county where the injury allegedly occurred.... [] (3) In the county where the employee's
attorney maintains his or her principal place of business..." (Labor Code § 5501.5, subd. (a) [emphasis