Argonaut Ins. Co. v. Workmen's Comp. App. Bd. (Helm)

In Argonaut Ins. Co. v. Workmen's Comp. App. Bd. (Helm) (1967) 247 Cal.App.2d 669, the petitioner, an insurance carrier, filed a petition for writ of review in the Fourth Appellate District (Div. Two) even though it was not a resident of that district. Addressing this issue, the court stated: "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 1 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." ( Argonaut Ins. Co., supra, 247 Cal.App.2d at pp. 671-672.)