Home/Case Law/SCOTT FOSTER vs. BITECH, INC. dba PERFORMANCE HOLDINGS, PENNSYLVANIA MANUFACTURERS ASSOCIATION INSURANCE COMPANY
Regular DecisionRegular Panel Decision

SCOTT FOSTER vs. BITECH, INC. dba PERFORMANCE HOLDINGS, PENNSYLVANIA MANUFACTURERS ASSOCIATION INSURANCE COMPANY

Filed: Apr 21, 2023
Van Nuys
ADJ13379668

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Removal, finding he was not aggrieved by any non-final order. The WCAB also denied his Petition for Disqualification of the Workers' Compensation Judge (WCJ). The WCAB adopted the WCJ's report, concluding the applicant failed to provide specific facts demonstrating the WCJ had formed an unqualified opinion or expressed bias. The Board found the WCJ's statements regarding attorney fees were explanations of legal principles and encouragements of settlement, not prejudgment of the merits.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Removal, finding he was not aggrieved by any non-final order. The WCAB also denied his Petition for Disqualification of the Workers' Compensation Judge (WCJ). The WCAB adopted the WCJ's report, concluding the applicant failed to provide specific facts demonstrating the WCJ had formed an unqualified opinion or expressed bias. The Board found the WCJ's statements regarding attorney fees were explanations of legal principles and encouragements of settlement, not prejudgment of the merits.

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