David Matthews — ADJ14069848

Defendant filed a petition for removal challenging WCJ Lynn Devine's May 11, 2022 hearing determinations, in which the WCJ declined to allow additional discovery on AOE/COE and instead proceeded to trial on the issue of whether the injury arose out of and in the course of employment, deferring all other issues. The petition also appeared to seek disqualification of WCJ Devine, requesting reassignment to an 'impartial judge.' The Board found that defendant failed to demonstrate substantial prejudice or irreparable harm, and that reconsideration would be an adequate remedy if a final adverse decision issued. The Board also held that the disqualification request failed to meet the requirements of Rule 10960 because no supporting affidavit or declaration was filed. The Board denied the Petition for Removal and dismissed the Petition for Disqualification.