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PanelDismissed

Velasco, Geronimo

GERONIMO VELASCO, Applicant vs. PENTAGON TECHNOLOGIES GROUP, INC.; TRAVELERS WALNUT CREEK/THIRD PARTY ADMINISTRATOR, Defendants

ADJ number: ADJ16200503
Decision date: Dec 4, 2022
District office: San Francisco
WCJ: —
Claim administrator: Travelers Walnut Creek/Third Party Administrator
Commissioners: ANNE SCHMITZ, DEPUTY COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

LC §5502LC §5311CCR §10955CCR §10960

Summary

Applicant Geronimo Velasco, in pro per, filed a Petition for Removal and Disqualification on December 5, 2022, complaining that he was unable to file a Declaration of Readiness (DOR) for an expedited hearing on temporary disability because defendant had earlier that same day electronically filed a DOR for a status conference set for December 28, 2022. The EAMS system does not permit more than one hearing to be scheduled at a time, which prevented applicant's DOR from being accepted. Applicant alleged the WCJ was biased for failing to set his expedited hearing. The Board held that the inability to file a DOR is neither an interim nor non-final order, so removal was unavailable, and that applicant failed to follow WCAB Rule 10960's procedural requirements or allege facts showing bias. The Board dismissed the Petition both as one for removal and as one 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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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.