Maria Torres — ADJ2882050, ADJ745634

Dan Escamilla, the hearing representative for lien claimant Thomas Hewko, D.C., filed a Petition for Disqualification against the WCJ, alleging an appearance of bias arising from the WCJ's October 29, 2020 ruling disqualifying him from representing the lien claimant based on a conflict of interest. The WCJ had originally disqualified both defense counsel and Escamilla, then rescinded that order to create a proper evidentiary record under McKenna v. City of Sacramento. The Board found the petition untimely under CCR section 10960 because the grounds were known to petitioner no later than November 19, 2020, when he filed a Petition for Removal raising the same issue, yet he did not file the disqualification petition until March 30, 2021 (over four months later). The Board adopted the WCJ's report except it dismissed the petition as untimely rather than denying it, while noting it would also deny it on the merits because no bias was shown. The conflict of interest had been raised by defense counsel, not sua sponte by the WCJ, and petitioner had been afforded due process via the opportunity to file a reply brief.