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PanelDismissed

Mccool, Maureen

MAUREEN MCCOOL, Applicant vs. LAW OFFICES OF HOMAN & STONE; PREFERRED EMPLOYERS SAN DIEGO; GUILFORD, SARVAS AND CARBONARA; ALLMERICA FINANCIAL BENEFIT INSURANCE COMPANY, administered by HANOVER INSURANCE GROUP; Defendants

ADJ number: ADJ10300144
Decision date: Apr 27, 2025
District office: Long Beach
WCJ: Nachison
Claim administrator: Hanover Insurance Group (administering Allmerica Financial Benefit Insurance Company)
Commissioners: LISA A. SUSSMAN, DEPUTY COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

LC §5311CCR §10960

Summary

Applicant Maureen McCool, in pro per, filed a declaration on February 19, 2025 styled as an objection to the trial setting and an application to remove the WCJ under Code of Civil Procedure sections 170.1 and 170.6. The WCJ had previously set the matter for trial on March 17, 2025 and denied defendant's continuance request. At trial on March 17, 2025, the WCJ took the matter off calendar because both parties agreed the matter should be continued. Treating the declaration as a petition for removal, the Board found it moot since the relief sought (continuance) had effectively been granted. The Board further determined that even if the declaration were treated as a petition for disqualification, it was untimely and failed to set forth facts under penalty of perjury sufficient to establish disqualification. The petition was dismissed.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.