Hardistene Howard, vs. Los Angeles County Metropolitan Transit Authority; Travelers Insurance,

In this case, Hardistene Howard filed a handwritten petition seeking to disqualify a Workers' Compensation Administrative Law Judge. The petition was dismissed because it was unverified and was not properly served on adverse parties. The Workers' Compensation Appeals Board also adopted and incorporated the reasons stated in the WCJ's report for denying the petition on the merits.

Los Angeles County Metropolitan Transit Authority; Travelers Insurance, Hardistene Howard, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAHARDISTENE HOWARD,Applicant,vs.LOS ANGELES COUNTY METROPOLITAN TRANSIT AUTHORITY; TRAVELERS INSURANCE,Defendants.Case Nos. ADJ3632632 (BGN 0063300)ADJ2683905 (BGN 0063302)(San Bernardino District Office)OPINION AND ORDER DISMISSING PETITION FOR DISQUALIFICATION            Applicant has filed a handwritten petition dated February 6, 2017 and filed on March 8, 2017 seeking to disqualify Workers’ Compensation Administrative Law Judge (WCJ) Robert T. Pusey (Petition for Disqualification). We have reviewed the Petition for Disqualification and the contents of the report of the WCJ with respect thereto. Based on our review of the record, we will dismiss the petition because it is unverified and was not properly served on adverse parties.            WCAB Rule 10450(e) requires that a petition for disqualification be verified. (Cal. Code Regs., tit. 8, § 10450(e).) Where a petition for disqualification is not verified, as required, the petition may be dismissed if the petitioner has been given notice of the defect (either by the WCJ’s report or by the respondent’s answer) unless, within a reasonable time, the petitioner either: (1) cures the defect by filing a verification; or (2) files an explanation that establishes a compelling reason for the lack of verification and the record establishes that the respondents are not prejudiced by the lack of verification. (See Torres v. Contra Costa Schools Ins. Group (2014) 79 Cal.Comp.Cases 1181 (Appeals Board significant panel decision); Lucena v. Diablo Auto Body (2000) 65 Cal.Comp.Cases 1425 (Appeals Board significant panel decision).)            Here, the Petition for Disqualification is not verified and notice of this defect was specifically given in the report dated March 13, 2017. Moreover, a reasonable period of time has elapsed, but , applicant has neither cured the defect by fil

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