WCPanelIQ
PanelDismissed

Wyatt Mitcham — ADJ7965556, ADJ7965560

WYATT MITCHAM, Applicant vs. APPSHOSTING, INC.; BYUNG SAM YUN, ASHOK BALASUBRAMANIAN and LARRY WENSHAN ZHAO, individuals and substantial shareholders, Defendants

ADJ number
ADJ7965556, ADJ7965560
Decision date
May 19, 2021
District office
Anaheim District Office
WCJ
—
Claim administrator
—
Commissioners
MARGUERITE SWEENEY, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR
LC §5311CCR §10848CCR §10964CCR §10960CCR §10452

Summary

Applicant Wyatt Mitcham filed a Petition for Disqualification seeking to remove the WCJ assigned to his consolidated cases. The WCAB accepted applicant's supplemental addendum but cautioned applicant that a party seeking to file a supplemental pleading must first file a petition setting forth good cause and attach the proposed pleading. The Board found the original petition was not supported by an affidavit or declaration under penalty of perjury and lacked verification, and that the verification in the supplemental addendum did not cure the defect in the original petition. The Board dismissed the petition for these procedural deficiencies, noting that even if it had not dismissed the petition, it would have denied it on the merits by adopting the WCJ's report.

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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