DEANNA CARROLL vs. WINCO HOLDINGS; LIBERTY MUTUAL INSURANCE COMPANY

In this case, Deanna Carroll filed two petitions: one seeking the removal for cause of the workers' compensation administrative law judge (WCJ) assigned to her case, and one for reconsideration. The WCJ's Report and Recommendation found that the petition for removal did not establish any basis for concluding the WCJ had any actual bias or prejudice against applicant, and the petition for reconsideration was dismissed as no final order had issued. The WCAB also advised applicant that her conduct in repeatedly filing meritless claims of bias and improper conduct was causing unnecessary delays and interfering with the work of the Appeals Board. The WCAB denied the petition for removal and dismissed the petition for reconsideration.

WINCO HOLDINGS; LIBERTY MUTUAL INSURANCE COMPANY DEANNA CARROLL WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADEANNA CARROLL, Applicant,vs.WINCO HOLDINGS; LIBERTY MUTUAL INSURANCE COMPANY, Defendants.Case No. ADJ6621190(Long Beach District Office)OPINION AND ORDERS DISMISSING RECONSIDERATIONAND DENYING REMOVAL            Applicant, Deanna Carroll, appearing in propria persona, has filed two petitions in this matter. First, applicant filed a petition seeking the removal for cause of the workers’ compensation administrative law judge (WCJ) assigned to this matter, contending that on May 9, 2012, without applicant being present, the WCJ engaged in ex parte communication with defense counsel in the courtroom prior to the case being called. Applicant alleges that defendant has engaged in fraud and believes the WCJ will be biased against her due to her request that another WCJ be assigned to hear her case.            Applicant has also filed a petition for reconsideration in which she reiterates and expands upon the matters raised in her petition for removal, contending that she was misled into filing the petition for removal of the WCJ for cause, when she only intended to request an automatic reassignment of the WCJ pursuant to WCAB Rule 10453.1            The WCJ has prepared a Report and Recommendation on Petition for Removal, stating that applicant’s unverified petition does not establish that any ex parte communication occurred or establish any basis for concluding the WCJ has any actual bias or prejudice against applicant.            Labor Code section 5311 provides that a party may raise an objection to the assignment of a 1 By letters dated June 17, and July 1, 2012, applicant has filed supplemental petitions without prior request or authorization. Under Rule 10848, such supplemental petitions shall only be considered if specifically requested or approved by the Appeals Board. Since applicant has not requested permission to file supplemental petitions, the

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