Sandra Concepcion, vs. Travis Unified School District And North Bay Schools Insurance Authority,

(STK 0200853) is a case in which Brook Beasley (petitioner) sought disqualification of the workers' compensation administrative law judge (WCJ) assigned to the case. The WCJ had issued a notice of hearing and order to show cause directed to petitioner concerning the payment of fees by applicant to petitioner without a court order. Petitioner did not appear at the hearing and a notice of intention to submit the matter on specified issues was served on the parties. Petitioner filed a petition for disqualification, referencing California Code of Regulations, title 8, section 10840, but the petition was denied as it was not timely filed and did not provide specific and detailed factual statements as required. The matter was returned to the trial level

TRAVIS UNIFIED SCHOOL DISTRICT and NORTH BAY SCHOOLS INSURANCE AUTHORITY, SANDRA CONCEPCION, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASANDRA CONCEPCION, Applicant,vs.TRAVIS UNIFIED SCHOOL DISTRICT and NORTH BAY SCHOOLS INSURANCE AUTHORITY, Defendants.Case Nos. ADJ3015096 (STK 0200853)OPINION AND ORDER DENYING PETITION FOR DISQUALIFICATION            Brook Beasley (petitioner) seeks disqualification of the workers’ compensation administrative law judge (WCJ) to whom this case has been assigned. Petitioner contends that the WCJ “gives the distinct appearance of bias and compels surprise information at hearing without any opportunity of prior review of known evidence or witnesses.” Additionally, petitioner suggests that the WCJ’s impartiality “is reasonably in question.”            We have received a Report and Recommendation (Report) from the WCJ, recommending that the petition for disqualification be denied and the matter returned to the trial level for further proceedings.            For the reasons set forth below, we will deny the petition for disqualification and return this matter to the trial level for further proceedings and decision, from which any aggrieved party may timely seek reconsideration.Statement of Facts            Sandra Concepcion (applicant), born September 10, 1947 while employed by Travis Unified School District as a school bus driver claimed to have sustained an injury arising out of and occurring in the course of employment to her psyche and other body parts during a cumulative period to approximately October 6, 2004. Applicant retained the services of petitioner, a non- attorney, and petitioner filed an application for adjudication of claim on applicant’s behalf. , Ultimately, the claim was resolved by a compromise and release agreement that was approved by a WCJ on September 25, 2007.            At some point after the settlement was approved, applicant apparently contacted the Information and Assistance Unit of the Stockton

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