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PanelDenied

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: Jul 19, 2022
District office: Long Beach
WCJ: Diana Marsteiner
Claim administrator: State Compensation Insurance Fund / State Contract Services
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER

LC §5311CCR §10960CCR §10605CCR §10955CCR §10964CCR §10742CCR §10744CCR §10421

Summary

Applicant Ronald Payne, in pro per, sought removal of the Appeals Board's August 9, 2021 Decision that denied his 2021 Petition for Disqualification of WCJ Diana Marsteiner as untimely under WCAB Rules 10960 and 10605. He also filed a new 2022 Petition to Disqualify the WCJ on January 5, 2022. The Board found the 2021 petition was untimely because the latest alleged instance of bias occurred January 5, 2021, and the petition was not filed within 10 days plus mailing, regardless of any district office address change. The Board declined to consider numerous supplemental pleadings filed without a petition complying with WCAB Rule 10964. The Board denied the petition for removal and also denied the 2022 Petition to Disqualify for failure to attach a declaration under penalty of perjury, for being filed when no hearing was set, and for failing to state grounds establishing bias.

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.

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.