WCPanelIQ
PanelDenied

Foster, Charles

CHARLES FOSTER, Applicant vs. L.H. WOODS & SONS, INC.; GALLAGHER BASSETT, Defendants

ADJ number
ADJ11310818
Decision date
Date unavailable
District office
San Diego
WCJ
Wade D. DiCosmo
Claim administrator
Gallagher Bassett
Commissioners
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LC §5311CCR §10960CCR §10452

Summary

Applicant Charles Foster, appearing in pro per, filed a Petition for Disqualification against the assigned WCJ under Labor Code section 5311 and Code of Civil Procedure section 641. He alleged the WCJ was indifferent to his disabilities, gave him insufficient time to find counsel, spoke over his head to defense attorneys, exchanged 'little signs' with defense counsel, and advised him to obtain an attorney. The WCAB found the petition was untimely (filed 29 days after the March 21, 2022 trial appearance rather than within 10 days) and contained only conclusory allegations unsupported by detailed facts declared under penalty of perjury. Adopting and incorporating the WCJ's report, 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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