Bruce K. Hall Construction; Ace Insurance Company, Administered By Esis, Robert Fassett, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAROBERT FASSETT, Applicant,vs.BRUCE K. HALL CONSTRUCTION; ACE INSURANCE COMPANY, administered by ESIS,Defendants.Case No. ADJ6547120(Fresno District Office)OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERTAION, DENYING PETITION FOR REMOVAL, AND DENYING PETITION FOR DISQUALIFICATION Applicant filed an Objection to MSC and to Judge Assignment on February 13, 2017, requesting, in essence, to disqualify workers’ compensation administrative law judge (WCJ) Terry Menefee from further participation in this matter and requesting that applicant’s claim be reassigned to another venue and further requesting that multiple discovery orders issue. We will construe applicant’s February 13, 2017 Objection as a Petition for Disqualification and Change of Venue. On February 27, 2017, the WCJ issued three orders: an Order Denying Applicant’s Petition to Compel Discovery, an Order Denying Applicant’s Petition for Change of Venue, and an Order Overruling Applicant’s Objection to Notice of Hearing (collectively referred to as “Orders”). Applicant seeks removal1 of the February 27, 2017 Orders. For purposes of this opinion, we will consider applicant’s petitions for removal and disqualification together. Applicant generally contends in his petitions that the WCJ is biased, that he cannot obtain a fair trial before the Fresno Workers’ Compensation Appeals Board District Office, and that multiple discovery requests should be granted. 1 The caption of applicant’s petition states “Petition for Removal of Order 2/22/2027 (sic)”; however, the body of the petition states that applicant seeks reconsideration. This appears to be a clerical error, but to the extent that applicant seeks reconsideration, the February 27,2017 Orders are not final orders and the Petition for Reconsideration will be dismissed on that ground. ,
Robert Fassett, vs. Bruce K. Hall Construction; Ace Insurance Company, Administered By Esis,
In this case, Robert Fassett filed an Objection to MSC and to Judge Assignment, requesting to disqualify the workers' compensation administrative law judge (WCJ) Terry Menefee from further participation in the matter and requesting that his claim be reassigned to another venue and further requesting that multiple discovery orders issue. The WCJ issued three orders denying the requests, and Fassett sought removal of the orders. The Workers' Compensation Appeals Board dismissed Fassett's Petition for Reconsideration, denied his Petition for Removal, and denied his Petition for Disqualification.
- Filed On:
- Court: California, Fresno
- Case No. ADJ6547120
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