Co-West Commodities; Ullico Casualty., Administered by Patriot Risk Services Nicolas Mercado WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIANICOLAS MERCADO, Applicant,vs.CO-WEST COMMODITIES; ULLICO CASUALTY CO.,Administered by PATRIOT RISK SERVICES, Defendants.Case No. ADJ8157719 (Anaheim District Office)OPINION AND ORDER DENYING PETITION FOR REMOVAL On February 1, 2013, the workers’ compensation administrative law judge (WCJ) filed a Findings and Award in this matter. On February 25, 2013, defendant filed a “Petition for Reconsideration and Petition for Removal.” On March 8, 2013, the WCJ issued an Order Rescinding Findings and Award pursuant to WCAB Rule 10859 (Cal. Code Regs., tit. 8, § 10859). The petition for reconsideration is now moot, and we do not address it. As to removal, the petition appears to consist of one sentence in an 18 page document: “The WCJ was in error and acted in excess of his judicial powers in allowing the issue of healthcare services, mileage reimbursement and one-on-one 24 hour care to proceed and showed bias in doing so in the light of the violation of defendant’s due process rights by hearing the issues” (page 7). In the Order dated March 8, 2013, the WCJ correctly states that this appears to be a petition for disqualification pursuant to Labor Code section 5311. However, defendant has not complied with the requirement in section 5311 that it specify grounds for disqualification specified in Code of Civil Procedure section 641. Nor has it complied with WCAB Rule 10452, which requires that a petition for disqualification be “supported by an affidavit or declaration under penalty of perjury stating in detail facts establishing grounds for disqualification” of the WCJ. Furthermore, the WCJ in his Report and Recommendation denies bias against this defendant, and we find nothing in the record to refute his denial of bias. Therefore, we deny the Petition for Removal. , For the foregoing
