Home/Case Law/SALVADOR DE LA ROSA vs. DUNN EDWARDS PAINTS, MATRIX, OLD REPUBLIC, GALLAGHER BASSETT
Regular DecisionDisqualification

SALVADOR DE LA ROSA vs. DUNN EDWARDS PAINTS, MATRIX, OLD REPUBLIC, GALLAGHER BASSETT

Filed: Nov 15, 2019
Pomona
ADJ7363461

CompFox AI Summary

The Workers' Compensation Appeals Board denied the applicant's petition to disqualify Administrative Law Judge (WCJ) Bather. The applicant failed to meet the procedural requirements of WCAB Rule 10453 for automatic reassignment, as no timely oral objection was made when the judge was assigned. Furthermore, the petition lacked the necessary detailed, verified factual allegations required by WCAB Rule 10452 and case law to establish grounds for disqualification based on bias. Therefore, the Board adopted the WCJ's report and denied the petition.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied the applicant's petition to disqualify Administrative Law Judge (WCJ) Bather. The applicant failed to meet the procedural requirements of WCAB Rule 10453 for automatic reassignment, as no timely oral objection was made when the judge was assigned. Furthermore, the petition lacked the necessary detailed, verified factual allegations required by WCAB Rule 10452 and case law to establish grounds for disqualification based on bias. Therefore, the Board adopted the WCJ's report and denied the petition.

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SALVADOR DE LA ROSA vs. DUNN EDWARDS PAINTS, MATRIX, OLD REPUBLIC, GALLAGHER BASSETT (2019) – Pomona | CompFox