Technicolor, Inc. Curtis Ivory Ward WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACURTIS IVORY WARD, Applicant,vs.TECHNICOLOR, INC., Defendant.Case Nos. ADJ2715287(MF) MON 0077582)ADJ1773429 (MON 0282203)ADJ855226 (MON 0077581)(Marina Del Rey District Office)OPINION AND ORDER DISMISSING PETITION FOR REMOVAL AND DENYING PETITION FOR DISQUALIFICATION Curtis Ward (Applicant) has filed a petition under Labor Code Sections 5310 and 5311 and Appeals Board Rule 10452 requesting that the Appeals Board remove this matter to itself and prevent workers’ compensation administrative law judge (WCJ) Simone Blais from proceeding further with the hearings and trial of this case. Applicant contends that the WCJ has formed and expressed an unqualified opinion or belief as to the merits of this case, has exhibited enmity and bias against applicant, and has failed to issue sanctions against defendant for its deliberate actions in not serving the Independent Medical Examiner (IME) with various documents, evidence and exhibits. We have received a Report and Recommendation on Petition to Remove (Report) from the WCJ. We have not received an answer from defendant. We have considered the allegations of the Petition for Removal/Disqualification and the recommendations of the WCJ as set forth in her Report. Based upon our review of the record and for the reasons discussed below, we will deny applicant’s Petition for Removal. In addition to the extent that applicant seeks to disqualify the WCJ, we will deny disqualification. The power of the Appeals Board to remove the case to itself under Labor Code section 5310 is discretionary and is generally employed only as an extraordinary remedy which must be denied absent a showing that substantial prejudice or irreparable injury will result if removal is not granted, and that reconsideration will not be an adequate remedy after issuance of a final order, decision or award. (Cal. , Code Regs., t
Curtis Ivory Ward vs. Technicolor, Inc.
In this case, Curtis Ward (Applicant) filed a petition under Labor Code Sections 5310 and 5311 and Appeals Board Rule 10452 requesting that the Appeals Board remove this matter to itself and prevent workers' compensation administrative law judge (WCJ) Simone Blais from proceeding further with the hearings and trial of this case. The Appeals Board denied the Petition for Removal and denied the Petition for Disqualification of the WCJ due to lack of evidence and an untimely filing.
- Filed On:
- Court: California, Marina del Rey
- Case No. ADJ2715287
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