WCPanelIQ
PanelDenied

Michael Perry — ADJ11075823, ADJ11130118, ADJ11703310

MICHAEL PERRY, Applicant vs. S2 HR SOLUTIONS 1 D, LLC, professional employer organization for BALANCE ENERGY, LLC, a Delaware limited liability company, dba DUPURE; SECURITY NATIONAL INSURANCE COMPANY administered by AMTRUST NORTH AMERICA, INC.; COSTCO WHOLESALE CORPORATION, permissibly self-insured, administered by HELSMAN MANAGEMENT SERVICES, LLC, Defendants

ADJ number
ADJ11075823, ADJ11130118, ADJ11703310
Decision date
Sep 12, 2022
District office
Van Nuys
WCJ
David Pollak
Claim administrator
AmTrust North America, Inc.; Helsman Management Services, LLC
Commissioners
—

Injury / body parts: back, neck, shoulders, lower extremities

LC §132aLC §4553LC §5311LC §5407LC §5502LC §5703LC §5900LC §5902LC §5903CCR §10452CCR §10525CCR §10600CCR §10615CCR §10622CCR §10677CCR §10955CCR §10960CCR §10964

Summary

Applicant Michael Perry, in pro per and previously declared a vexatious litigant, filed six petitions seeking reconsideration, removal, and disqualification of the WCJ following a July 8, 2022 First Amended Joint Findings of Fact & Orders. The disputed rulings included striking undisclosed exhibits (audio recordings on a flash drive), denying applicant's request to reinstate a withdrawn Labor Code § 132a discrimination claim, and denying his Labor Code § 4553 serious and willful misconduct petition. Applicant had withdrawn his § 132a claim in 2019 believing he could litigate discrimination in federal court, but his subsequent federal lawsuit was dismissed as time-barred. The WCAB adopted the WCJ's report, finding the exhibits were properly stricken for non-disclosure, the § 132a reinstatement was barred by applicant's own legal misjudgment, the § 4553 allegations had no merit, and the disqualification petitions lacked specific verified facts establishing bias. All petitions were denied.

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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