Ernest Holmes, vs. The Huntington Group And Industrial Indemnity Company/fremont Insurance Company, In Liquidation And Adjusted By California Insurance Guarantee Association,

This case involves Ernest Holmes, an applicant, and The Huntington Group and Industrial Indemnity Company/Fremont Insurance Company, in liquidation and adjusted by California Insurance Guarantee Association, the defendant. Ernest Holmes filed a Declaration of Readiness to Proceed to Expedited Hearing at the district office of the Workers' Compensation Appeals Board in San Francisco, objecting to a Find and Order from Judge Robert T. Thiessen. The Workers' Compensation Appeals Board denied the petition for disqualification, finding that the WCJ was in the best position to provide expeditious resolution of future disputes in the case and that the WCJ would continue to be fair, objective, and impartial.

THE HUNTINGTON GROUP and INDUSTRIAL INDEMNITY COMPANY/FREMONT INSURANCE COMPANY, in liquidation and adjusted by CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, ERNEST HOLMES, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAERNEST HOLMES, Applicant,vs.THE HUNTINGTON GROUP and INDUSTRIAL INDEMNITYCOMPANY/FREMONT INSURANCE COMPANY, in liquidation and adjustedby CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, Defendant.Case No. ADJ4132514 (SAC 0199422)ADJ187940 (SAC0199423)OPINION AND ORDER DENYING PETITION FOR DISQUALIFICATION            On November 3, 2008, applicant, who is not represented by an attorney, filed a Declaration of Readiness to Proceed to Expedited Hearing at the district office of the Workers’ Compensation Appeals Board in San Francisco. In addition to checking all available issues, he stated: “Objection to Find [sic] and Order 10-23-2008 of Judge Robert T. Thiessen. Applicant can not get a fair hearing or trial at the Sacramento WCAB. Presiding Judge Harter, Judge Robert T. Thiessen, Defendants, Court Reporter’s [sic], Katherine Latini, Diane M. Cullivan and it’s [sic] Clerk’s [sic], have violated my WC Rights and Civil Rights. Attached is chronologically dates of some of the WC and Civil rights violations and document’s [sic] showing these violations.” Applicant attached a seven-page, single-spaced document entitled “DATE OF INJURY & 16 yr. HISTORY.” In his Report and Recommendation, the workers’ compensation administrative law judge (WCJ) recommends that we construe this document as a petition for disqualification.            Labor Code section 5311 provides: “Any party to the proceeding may object to the reference of the proceeding to a particular workers’ compensation judge upon any one or more of the grounds specified in Section 641 of the Code of Civil Procedure and the objection shall be heard and disposed of by the appeals board.” WCAB Rule 10452 (Cal. Code Regs., tit. 8, § 10452) provides that a petition for disqualification by “supported by an

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