WCPanelIQ
PanelDenied

Stonebarger, Michael

MICHAEL STONEBARGER (Deceased), Applicant vs. SIERRA PACIFIC INDUSTRIES, permissibly self-insured, Defendants

ADJ number
ADJ16243827
Decision date
Apr 13, 2025
District office
Redding
WCJ
—
Claim administrator
Sierra Pacific Industries (permissibly self-insured)
Commissioners
CRAIG SNELLINGS, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER
LC §5311CCR §10955CCR §10960CCR §10964CCR §10600

Summary

In this death claim, applicant (the deceased worker's survivors/counsel) sought removal of an Order Denying Petition for Change of Venue issued by a PWCJ at the Redding District Office, alleging the WCJ exhibited bias against applicant and applicant's counsel in favor of the self-insured defendant at an October 17, 2024 status conference. Applicant also filed an unauthorized supplemental pleading asserting improper service of the order. The Appeals Board, adopting the PWCJ's Report, found that applicant failed to demonstrate substantial prejudice or irreparable harm warranting removal, and that reconsideration would be an adequate remedy. To the extent the petition sought disqualification, the Board found applicant did not set forth facts under penalty of perjury sufficient to establish bias. The Board denied removal and dismissed the disqualification request.

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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