WCPanelIQ
PanelDismissed

Denisha Johnson — ADJ11084352, ADJ11084134

DENISHA JOHNSON, Applicant vs. PEOPLE READY, INC.; AMERICAN HOME ASSURANCE, Defendants

ADJ number
ADJ11084352, ADJ11084134
Decision date
Jul 31, 2022
District office
Oakland
WCJ
Jeffrey Friedman
Claim administrator
American Home Assurance
Commissioners
MARGUERITE SWEENEY, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER
LC §5311LC §5900LC §5902LC §5903CCR §10955CCR §10960

Summary

Applicant Denisha Johnson filed a Petition for Disqualification against trial WCJ Jeffrey Friedman and a Petition for Reconsideration of an order that resolved only intermediate procedural/evidentiary issues (including admissibility of treating physician reports). The Board determined the challenged order was not a 'final' order from which reconsideration may be taken, so it dismissed the Petition for Reconsideration. Treating the petition as one for removal, the Board found no showing of significant prejudice or irreparable harm and denied removal. The Board also denied the Petition for Disqualification, finding the petition failed to set forth specific facts, declared under penalty of perjury, sufficient to establish bias or prejudice under Labor Code section 5311 and Code of Civil Procedure section 641. Applicant retains the right to raise her substantive issues, including admissibility of treating physician reports, at trial.

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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