Renteria, Misael

Defendant Shimin Xu filed multiple petitions seeking both disqualification of the WCJ (alleging bias) and removal from a June 18, 2025 notice of hearing, arguing the WCJ could not place items on calendar sua sponte and that defendant's motion to dismiss should be summarily granted. The WCJ filed a Report recommending denial of both petitions. The Appeals Board dismissed the disqualification petition because defendant provided no substantive affidavit or declaration under penalty of perjury detailing grounds for disqualification, and denied removal because defendant failed to show substantial prejudice or irreparable harm. The Board confirmed a WCJ may set matters for hearing on her own motion and that demurrers and summary judgment motions are not permitted. The Board admonished defendant regarding frivolous removal petitions and warned that vexatious litigant proceedings under Rule 10430 may be instituted if the conduct persists.