WCPanelIQ
PanelDismissed

Corey, Sheila

SHEILA COREY, Applicant vs. CONTRA COSTA SUPERIOR COURT; JBWCP, LEGALLY UNINSURED, ADMINISTERED BY SEDGWICK, Defendants

ADJ number
ADJ3697392
Decision date
Sep 29, 2024
District office
Oakland
WCJ
Christopher Miller
Claim administrator
Sedgwick (administering JBWCP, legally uninsured, for Contra Costa Superior Court)
Commissioners
—

Injury / body parts: back

LC §5311CCR §10960

Summary

Sheila Corey, an applicant in propria persona, filed an untimely, verified petition seeking 'to appoint a new judge' in a case arising from an admitted 2002 back injury resolved by a stipulated award of permanent disability indemnity and future medical treatment. The WCJ treated the petition as one for disqualification under CCP section 641 and Labor Code section 5311. The WCJ recommended dismissal because the petition was both premature (no trial judge had been assigned) and tardy (no action was taken within ten days of filing), and because none of the seven statutory grounds for disqualification applied. The Board adopted and incorporated the WCJ's report and dismissed the Petition for Disqualification.

Issues

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Holding

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Analysis

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Defense takeaway

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