Dee Deville vs. Boeing Company; Insurance Company Of The State Of Pennsylvania, C/O Aig’

This case involves an applicant, Dee Deville, who is seeking disqualification of the workers' compensation administrative law judge (WCJ). The WCJ issued a Report and Recommendation on Petition for Disqualification recommending that the Petition be denied. The Workers' Compensation Appeals Board reviewed the allegations of the Petition for Disqualification and the contents of the Report and denied the Petition for Disqualification, noting that the Petition failed to state facts to support the allegation of bias on the part of the WCJ. The Board admonished the applicant to refrain from attaching materials that are already part of the adjudication file to pleadings filed in this matter in the future.

Boeing Company; Insurance Company Of The State Of Pennsylvania, C/O Aig’ Dee Deville WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADEE DEVILLE, Applicant,vs.BOEING COMPANY; INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, c/o AIG, Defendants.Case No. ADJ2269333; ADJ1939621OPINION AND ORDER DENYING PETITION FOR DISQUALIFICATION            Applicant in pro per seeks disqualification of the workers’ compensation administrative law judge (WCJ).Applicant contends that the WCJ is biased against her and that she cannot receive a fair outcome at trial unless the WCJ is disqualified and another WCJ is assigned to the matter.            We have not received an Answer from defendant.            The WCJ issued a Report and Recommendation on Petition for Disqualification recommendingthat the Petition be denied.            Applicant filed papers labeled as supplemental pleadings.1            We have considered the allegations of the Petition for Disqualification and the contents of the Report. Based upon our review of the record, and based upon the Report, which we adopt and incorporate herein, we will deny the Petition for Disqualification. 1 We do not accept applicant’s papers labeled as supplemental pleadings because applicant did not seek leave to file the pleadings as required by the WCAB Rule 10964, which provides as follows: “When a petition for reconsideration, removal or disqualification has been timely filed, supplemental petitions or pleadings or responses other than the answer shall be considered only when specifically requested or approved by the Appeals Board. Supplemental petitions or pleadings or responses other than the answer, except as provided by this rule, shall neither be accepted nor deemed filed for any purpose and shall not be acknowledged or returned to the filing party.” (cal, code Regs., tit. 8, former s l0g4g, now $ 10g64 (eff. Jan.1,2020).) ,             In our September 10, 2019 Opinion and Order Denying Petition for Disqualification, we ob

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