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PanelDismissed

Ronald Payne — ADJ9887085

RONALD PAYNE, Applicant vs. CDCR, administered by STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, Adjusting Agency, Defendants

ADJ number: ADJ9887085
Decision date: Oct 24, 2022
District office: Long Beach
WCJ: Diana Marsteiner
Claim administrator: State Compensation Insurance Fund / State Contract Services (administering for CDCR)
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, CRAIG SNELLINGS, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

LC §5813LC §5502CCR §10960CCR §10964CCR §10945CCR §10744CCR §10742CCR §10759CCR §10787CCR §10756CCR §10421

Summary

Ronald Payne, in pro per, sought removal of a July 2022 Opinion that had denied his prior petition for removal and his untimely petition to disqualify WCJ Diana Marsteiner. The Appeals Board found the new Petition for Removal raised the same facts and legal arguments already decided, with no new evidence or new rationale. The Board declined to consider an improper supplemental pleading filed in violation of Rule 10964 and detached/discarded exhibits attached in violation of Rule 10945. The Board reviewed the entire record and confirmed that hearings were held after each DOR, all continuances were reasonable, and the WCJ was actively interested in proceeding to trial. The Petition for Removal was dismissed as impermissibly successive, and applicant was again admonished for using insulting language and violating WCAB rules, with a warning of potential sanctions up to $2,500.

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.

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