Argonaut Ins. Co. v. Workmen's Comp. Appeals Bd.

Good Law

1967 Cal. App. LEXIS 1720·247 Cal. App. 2d 669·55 Cal. Rptr. 810·32 Cal. Comp. Cases 14

Court of Appeal of CaliforniaJanuary 10, 1967Civ. 8362California4,696 words

Opinion

Kerrigan, J.

Jurisdiction of this court to consider this petition for a writ of review was questioned initially on the ground that petitioner is not a resident of this appellate district within the meaning of section 5950 of the Labor Code. Nevertheless, petitioner maintains that section 5950 of the Labor Code has never been enforced because petitioner consistently has been permitted to file in districts other than that of its residence; that section 5950 of the Labor Code goes to the question of venue and not jurisdiction; that many factors are related to the Fourth District so that, in fairness to all concerned, the matter should be heard by this court. Specifically, the employer, the injured employee, and the local office of petitioner are all located within this district. Moreover, the injury which gave rise to the claim and the original proceedings for disposition of the applicant’s claim occurred within this district. Such a combination of factors is sufficient to confer jurisdiction and venue in this tribunal.

The employee sustained an injury on the employer’s ranch near the City of Ontario in San Bernardino County. The ranch is maintained for the training of race horses and for…

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Parties

ARGONAUT INSURANCE CO.
Plaintiff
WORKMEN’S COMPENSATION APPEALS BOARD and BRIAN J. HELM
Defendant

Judges

Kerrigan

Cites (46)

49 Cal. 2d 706
129 Cal. App. 449
136 Cal. App. 2d 60
186 Cal. App. 2d 574
46 Cal. 2d 791
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201 Cal. App. 2d 545
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62 Cal. 2d 59
176 Cal. App. 2d 10
221 Cal. App. 2d 140
231 Cal. App. 2d 111
209 Cal. 656
187 Cal. 295
187 Cal. 284
172 Cal. 690
172 Cal. 682
26 Cal. 2d 286
215 Mass. 497
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102 Kan. 307
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140 Minn. 75
46 Cal. 2d 349
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205 Tenn. 377
161 Tenn. 376