Lopez, Gilberto

Applicant Gilberto Lopez sought disqualification of the WCJ, alleging bias because the WCJ issued Findings and Order in favor of defendant and then, upon applicant's petition for reconsideration, rescinded the order and reset the matter to consider applicant's objections. Defendant filed no answer, and the WCJ filed a Report recommending denial. The Board dismissed the petition because it was untimely and was not supported by an affidavit or declaration under penalty of perjury as required by Rule 10960. The Board noted that even if it were not dismissing, it would have denied the petition on the merits because the WCJ's conduct demonstrated a lack of bias. The act of rescinding the order to fully consider applicant's positions actually showed an absence of bias rather than its existence.