Barrios, Josue

Lien claimants Tri-County Medical Group, Komberg Chiropractic, and related entities petitioned to disqualify WCJ Tammy Homen for alleged bias and an undisclosed conflict because her husband is an applicant's attorney who had referred patients to and socialized with lien claimant Komberg, and also sought reconsideration of a Consolidation Order issued by PWCJ Jeffrey Marrone consolidating and staying several hundred liens for discovery under Rule 10396. The Board denied disqualification, adopting WCJ Homen's Report which showed no financial interest, no prejudgment of merits, and no proper factual basis under CCP section 641. The Board treated the petition for reconsideration as one for removal because the Consolidation Order was interlocutory and non-final, then granted removal. The Board rescinded the Consolidation Order because the PWCJ failed to provide an opinion on decision or findings of fact (under Labor Code section 5313 and Hamilton) identifying the specific common questions of law and fact supporting good cause, precluding meaningful review. The matter was returned to the trial level for further proceedings.