WCPanelIQ
PanelDenied

Jesus Gonzalez Cruz — ADJ13593933

JESUS GONZALEZ CRUZ, Applicant vs. L&S FRAMING; AMERICAN ZURICH INSURANCE COMPANY, Defendants

ADJ number
ADJ13593933
Decision date
Dec 7, 2022
District office
Sacramento
WCJ
—
Claim administrator
American Zurich Insurance Company
Commissioners
CRAIG SNELLINGS, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, KATHERINE WILLIAMS DODD, COMMISSIONER
LC §5311LC §123.6CCR §10510CCR §10955CCR §10960CCR §10964CCR §10421

Summary

Applicant Jesus Gonzalez Cruz filed a Petition for Removal and Disqualification of the WCJ in his claim against L&S Framing, insured by American Zurich Insurance Company. The original petition was unverified but applicant cured the defect by filing a verified supplemental pleading. The Board addressed removal, disqualification, the timeliness of the petition, and the WCJ's reference to State Bar proceedings against applicant's counsel involving alleged forgery and backdating. The Board found applicant failed to show substantial prejudice or irreparable harm warranting removal and failed to set forth specific verified facts establishing bias or disqualification. The Board denied the petition in its entirety, though it noted the WCJ should not cast a pall on counsel's filings based on the unrelated State Bar matter.

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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