Garcia, Michael

Michael Garcia, an unrepresented injured worker with eleven consolidated claims, filed a Petition for Disqualification against Presiding WCJ Noah W. Tempkin, alleging bias, discrimination, and that the judge refused to investigate his claims of fraud and misconduct while pursuing efforts to declare him a vexatious litigant. The cases were set for trial on the vexatious litigant issue, a petition to set aside a SIBTF Compromise and Release, and State Farm's petition for costs of $21,499.32 for bad faith litigation. The WCJ's report found that Garcia failed to set forth any facts establishing grounds for disqualification under Code of Civil Procedure section 641 and that his allegations were conclusory. The WCAB adopted and incorporated the WCJ's report, denied the Petition for Disqualification, and admonished Garcia for attaching documents in violation of WCAB Rule 10945(c).