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PanelDenied

Deville, Dee

DEE DEVILLE, Applicant vs. THE BOEING COMPANY, permissibly self-insured, administered by AIG CLAIM SERVICES, Defendants

ADJ number: ADJ1939621
Decision date: Apr 10, 2024
District office: Los Angeles
WCJ: Elisha Landman
Claim administrator: AIG Claims Services
Commissioners: JOSÉ H. RAZO, COMMISSIONER, CRAIG L. SNELLINGS, COMMISSIONER, LISA A. SUSSMAN, DEPUTY COMMISSIONER

Injury / body parts: thyroid (cancer), respiratory system (restrictive airways disease), neck, shoulder, multiple body parts

LC §5311LC §5501.5LC §5501.6LC §5900CCR §10955CCR §10960CCR §10452

Summary

Applicant Dee Deville, representing herself in pro per, filed a Petition for Removal and Disqualification challenging the WCJ's Minute Order denying her request to transfer venue to the Long Beach District Office Asbestos Unit. The underlying cases involved a 2001 specific injury and a cumulative trauma claim against Boeing, with prior findings that thyroid cancer and restrictive airways disease were industrial. The WCAB panel adopted and incorporated the WCJ's report, finding that applicant failed to show substantial prejudice or irreparable harm to justify removal, and that reconsideration would be an adequate remedy. The panel also held the disqualification petition was unsupported by detailed facts under penalty of perjury and consisted of general conclusory allegations spanning 20+ years of litigation, most predating the current WCJ's involvement. The Petition for Removal and Disqualification was denied.

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.