WCPanelIQ
PanelQMEDenied

Tate, Yolanda

YOLANDA TATE, Applicant vs. VERIZON WIRELESS; NATIONAL UNION FIRE INSURANCE; SEDGWICK CMS, Defendants

ADJ number
ADJ8923414
Decision date
Aug 25, 2024
District office
San Bernardino
WCJ
Tracy L. Hughes
Claim administrator
Sedgwick CMS
Commissioners
—

Injury / body parts: right hand, psyche, colonic/rectal disorder, cervical spine, right shoulder, right wrist, right upper extremity (CRPS), left wrist/hand, sleep disorder

LC §5311LC §5701CCR §10960

Summary

Applicant Yolanda Tate, proceeding pro per after her attorney was relieved as counsel, filed a letter the WCAB treated as a Petition for Disqualification of the assigned WCJ, alleging due process violations, discrimination based on nationality, Fourteenth Amendment violations, unethical conduct, and failure to review all evidence. The Board reviewed the petition and the WCJ's Report and Recommendation, which it adopted and incorporated. The Board found that the petition contained only conclusory allegations and failed to set forth detailed facts under penalty of perjury sufficient to establish grounds for disqualification under Labor Code section 5311, Code of Civil Procedure section 641(f) and (g), and WCAB Rule 10960. The Board denied the Petition for Disqualification.

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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