WCPanelIQ
PanelDismissed

Odelia Ahumibe — ADJ7381650

ODELIA AHUMIBE, Applicant vs. HERBALIFE LTD; HP HARTFORD; TRAVELERS, Defendants

ADJ number
ADJ7381650
Decision date
Apr 4, 2021
District office
Los Angeles
WCJ
—
Claim administrator
The Hartford; Travelers
Commissioners
—
LC §5909LC §5900LC §5902LC §5903LC §5311LC §5905CCR §10964CCR §10848CCR §10955CCR §10843CCR §10960CCR §10452CCR §10945CCR §10842CCR §10430CCR §10782

Summary

Applicant Odelia Ahumibe, in pro per, filed multiple petitions challenging an August 11, 2020 Order Denying Change of Venue issued by the presiding WCJ, also seeking disqualification of the WCJ handling her case. The Board first invoked Shipley to find that the statutory 60-day period under Labor Code section 5909 was tolled due to the Board's own failure to timely act. On the merits, the Board held the venue order was a non-final, intermediate procedural order not subject to reconsideration, dismissed the reconsideration petitions, and treated them as petitions for removal, which it denied. The Board also denied disqualification because applicant failed to set forth verified facts establishing bias under CCP section 641 and the WCJ affirmatively stated he bore no enmity. The Board further noted applicant failed to serve defendant and cautioned applicant against repetitive filings that could result in a vexatious litigant designation.

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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