Home/Case Law/BRIAN CARRASCO vs. CLARK PEST CONTROL, GALLAGHER BASSETT
Regular DecisionRemoval and Disqualification Petition

BRIAN CARRASCO vs. CLARK PEST CONTROL, GALLAGHER BASSETT

Filed: May 04, 2009
San Francisco
ADJ2948353 (SAL 0116403) ADJ803362 (SAL 0116404) ADJ2320380 (SAL 0116407)

CompFox AI Summary

The applicant filed a petition alleging bias by the WCJ based on 21 instances of alleged misconduct. The Workers' Compensation Appeals Board (WCAB) dismissed the petition for removal, finding it untimely and unverified, as the applicant did not claim to be aggrieved by the last order and the petition was filed beyond the 20-day limit. Furthermore, the Board denied the disqualification petition because it was not supported by a verified affidavit and the judge in question was not currently assigned to the cases for trial. These procedural deficiencies led to the dismissal of the removal petition and denial of the disqualification petition.

Full Decision Text1 Pages

The applicant filed a petition alleging bias by the WCJ based on 21 instances of alleged misconduct. The Workers' Compensation Appeals Board (WCAB) dismissed the petition for removal, finding it untimely and unverified, as the applicant did not claim to be aggrieved by the last order and the petition was filed beyond the 20-day limit. Furthermore, the Board denied the disqualification petition because it was not supported by a verified affidavit and the judge in question was not currently assigned to the cases for trial. These procedural deficiencies led to the dismissal of the removal petition and denial of the disqualification petition.

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