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PanelDenied

John Fitzpatrick — ADJ13725703

JOHN FITZPATRICK, Applicant vs. GENERAL DYNAMICS INFORMATION TECHNOLOGY; INSURANCE COMPANY STATE OF PENN, administered by BROADSPIRE BREA, Defendants

ADJ number: ADJ13725703
Decision date: Dec 22, 2021
District office: San Diego District Office
WCJ: Alicia D. Hawthorne
Claim administrator: Broadspire Brea (administering for Insurance Company State of Penn)
Commissioners: —

Injury / body parts: Back, Right foot, Right ankle, Hand (numbness), Cervical spine (herniated disc)

LC §5311LC §5501.5LC §123.6CCR §10955CCR §10843CCR §10960CCR §10940CCR §10205.10CCR §10205.14

Summary

Applicant John Fitzpatrick, in pro per, filed a Petition for Removal and an Amended Petition for Removal in October 2021, followed by a Petition for Disqualification in December 2021, alleging the WCJ was biased against him. The case involves an alleged August 28, 2018 injury arising from a surgical consultation during which a doctor allegedly hyper-extended applicant's right ankle. The Appeals Board denied removal, finding no substantial prejudice or irreparable harm would result and that reconsideration would be an adequate remedy. The Board denied the disqualification petition for the reasons stated in the WCJ's December 10, 2021 Report, which it adopted, finding the petition untimely, procedurally defective for lacking a supporting affidavit, and substantively without merit as no actual bias or appearance of bias was demonstrated.

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.

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.

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.