WCPanelIQ
PanelLienGranted

Scates, Robert

ROBERT SCATES, Applicant vs. UNITED RENTALS, INC.; LIBERTY MUTUAL, Defendants

ADJ number
ADJ15884384
Decision date
Jun 27, 2024
District office
Redding
WCJ
—
Claim administrator
Liberty Mutual
Commissioners
JOSEPH V. CAPURRO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER
LC §5310LC §5950CCR §10843CCR §10615

Summary

Applicant's attorney filed a Petition for Disqualification (later amended) seeking to disqualify the entire Redding and Eureka District Offices from hearing an attorney fee lien dispute, alleging those offices had previously approved attorney's fees in cases where a proper DWC Form 3 was allegedly not filed. The WCJ filed a Report recommending denial of the disqualification, and lien claimant filed an Answer. Rather than rule on the merits, the Appeals Board exercised its discretionary authority under Labor Code section 5310 to grant removal on its own motion so it could obtain additional information from the parties via a forthcoming notice of intent. The Board deferred issuance of a final decision after removal pending further review of the record. The decision is not a final ruling on the merits of the disqualification petition.

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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