Jack In The Box, Gallagher Bassett For Ace American insurance Elizabeth Juanillo Navarro WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAELIZABETH JUANILLO NAVARRO, Applicant, vs.JACK IN THE BOX, GALLAGHER BASSETT for ACE AMERICAN INSURANCE, Defendant,Case Nos. ADJ3711106; ADJ2131962OPINION AND ORDERS DISMISSING PETITION FOR DISQUALIFICATION AND NOTICE OF INTENTION TO IMPOSE SANCTIONS Lien claimant, Arthur Malkin, D.C., seeks to disqualify the workers’ compensation administrative law judge (WCJ) assigned to the matter of applicant’s claim for worker’s compensaron benefits and the related lien claims. In the Report and Recommendation on Petition for Disqualification (Report), the WCJ noted that applicant’s claim came to trial on January 6, 2010 when applicant and defendant entered into a Compromise and Release agreement that was approved by the WCJ. Petitioner appeared at the trial on January 6, 2010, but was unable to resolve the matter of petitioner’s lien. The WCJ noted at page 2 that: “(The WCJ] instructed the defendant and lien claimant to complete the Pre-Trial Conference Statement and the lien would be set for trial. [Petitioner’s representative] refused to do so. Instead, he demanded another conference pursuant to Rule § 10888, apparently because the parties were not ready for trial and wished to do further discovery. In as much as the parties were not ready to proceed these matter were ordered off calendar [on January 6, 2010].” In a petition filed March 9, 2010, lien claimant implicitly contends that the WCJ should be disqualified because “I requested a lien conference pursuant to the Mandatory Title 8, CCR 10888.” However, while petitioner does set forth Labor Code section 5311 and Code of Civil , Procedures, section 641(f) as the authorizing statutes supporting disqualification, there is no citation to any of the “grounds specified in section 641(0 of the Code of Civil Procedure”. As such, lien claimant’s petit
