WCPanelIQ
PanelDismissed

Allen Flores — ADJ8301447

ALLEN FLORES, Applicant vs. PACIFIC CRANE MAINTENANCE COMPANY; ARCH INSURANCE COMPANY, Administered by CHARLES TAYLOR, third-party administrator, Defendants

ADJ number
ADJ8301447
Decision date
Jun 30, 2021
District office
Long Beach District Office
WCJ
Michael T. Justice
Claim administrator
Charles Taylor (third-party administrator) for Arch Insurance Company
Commissioners
—
LC §5311LC §5813CCR §10848CCR §10964CCR §10452CCR §10960CCR §10430CCR §10421

Summary

Applicant Allen Flores, in pro per, filed a Petition for Disqualification on April 5, 2021 and a supplemental petition on April 13, 2021, seeking to disqualify WCJ Michael T. Justice. The petitions arose after the WCJ issued correspondence on March 10, 2021 responding to applicant's request to have defense counsel Lisa Conner charged with perjury. The WCAB accepted the supplemental petition but cautioned applicant about proper procedure for supplemental pleadings. The Board found that the petitions contained only generalized allegations and conclusions, lacking the specific facts under penalty of perjury required to establish grounds for disqualification under Labor Code section 5311, WCAB Rule 10960, and Code of Civil Procedure section 641(f) and (g). The Board dismissed the petitions and noted it would have denied them 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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