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PanelDismissed

Wyman Osborn — ADJ18236958

WYMAN OSBORN, Applicant vs. OSBORN CONCRETE CONSTRUCTION INC; STATE COMPENSATION INSURANCE FUND; SUBSEQUENT INJURIES BENEFITS TRUST FUND, Defendants

ADJ number: ADJ18236958
Decision date: Jun 21, 2026
District office: Lodi
WCJ: —
Claim administrator: State Compensation Insurance Fund
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER, PAUL F. KELLY, COMMISSIONER

LC §5909LC §5900LC §5902LC §5903LC §5813LC §5311LC §5705LC §3202.5CCR §10955CCR §10421CCR §10945CCR §10972CCR §10960

Summary

Applicant's attorney filed a combined Petition for Reconsideration, Removal, and Disqualification challenging the WCJ's April 8, 2026 Minutes of Hearing setting trial and a Notice of Intent to Impose Sanctions in a SIBTF case. The dispute arose after the WCJ initially issued an Award approving a 15% attorney fee (where 25% had been requested), then rescinded it, and after the Board's prior March 6, 2026 decision, deferred the attorney fee issue for an evidentiary hearing. The Board dismissed the Petition for Reconsideration because the April 8, 2026 minutes and NOI are interlocutory, not final, orders. It denied removal because no substantial prejudice or irreparable harm was shown, and denied disqualification because applicant offered only unilateral, subjective, hearsay-based perceptions of bias unsupported by a proper affidavit. The Board repeatedly admonished applicant's attorneys for misrepresenting the record and citing a non-final panel decision (Purcell) as analogous authority.

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.