Dirt Movers; State Compensation Insurance Fund Maurice Montgomery WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMAURICE MONTGOMERY, Applicant,vs.DIRT MOVERS; STATE COMPENSATIONINSURANCE FUND, Defendant(s).Case No. ADJ4192022OPINION AND ORDERDENYING PETITION FOR DISQUALIFICATION Applicant, in pro per. seeks an order disqualifying Workers’ Compensation Administrative Law Judge Brigham Jones (Judge Jones) from overseeing any further proceedings in this malter. A Notice of Hearing was served on the parties on February 25, 2010 setting this matter for a Rating Mandatory Settlement Conference on March 16, 2010. On March 10, 2010, Applicant filed a timely Petition for Disqualification of Judge. Previously, the panics stipulated that applicant, while employed as a heavy equipment operator on June I, 1999, sustained industrial injury to his low hack causing 73% permanent disability. Applicant contends that Judge Jones (I) improperly accused him of failing to appear at a previous hearing; (2) failed to correctly apply the apportionment principles of Labor Code1 section **663; (3) discharged applicant’s attorney 18 days prior to the commencement of Inal; (4) has not followed through on developing the record regarding applicant’s arachnoiditis condition; (5) told applicant on the telephone tlrat, ‘ with a trial you may get more money, but you’ll probably get a hell of a lot less.” w hen defendant offered applicant a settlement of 69%; and (6) has overlooked or forgotten that applicant’s permanent disability payments have stopped in 1 All further statutory references are to the Labor Code, unless otherwise noted. , violation of section 4650. Defendant did not file an answer. However, the WCJ issued a Repon and Recommendation on Petition for Disqualification recommending that we deny applicant’s request. Based on our review of the record and for the reasons stated herein, w’e will deny applicant’s Petition for Disqualification.
Menu
