CompFox AI Summary
The applicant sought removal and disqualification of the administrative law judge (ALJ), alleging procedural errors, exclusion of evidence, and discrimination. The Workers' Compensation Appeals Board (WCAB) denied the petition, finding no substantial prejudice or irreparable harm warranting removal, as reconsideration after a final decision would be an adequate remedy. The WCAB also found no factual basis to disqualify the ALJ, noting the applicant's petition lacked specific allegations required by statute. Furthermore, the WCAB reiterated that evidence exclusion was due to failure to serve the defendant, and referral for rating is a standard procedural step.
Full Decision Text1 Pages
The applicant sought removal and disqualification of the administrative law judge (ALJ), alleging procedural errors, exclusion of evidence, and discrimination. The Workers' Compensation Appeals Board (WCAB) denied the petition, finding no substantial prejudice or irreparable harm warranting removal, as reconsideration after a final decision would be an adequate remedy. The WCAB also found no factual basis to disqualify the ALJ, noting the applicant's petition lacked specific allegations required by statute. Furthermore, the WCAB reiterated that evidence exclusion was due to failure to serve the defendant, and referral for rating is a standard procedural step.
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