Palacios, Georgina

Cost petitioner Supreme Copy Service, Inc. sought reconsideration of a WCJ's Joint Order dismissing its medical-legal cost petition (filed under WCAB Rule 10786) for failure to make a 'proper' appearance at two trial dates, where the WCJ demanded that non-attorney representative Matthew Martin produce written authorization from a corporate officer to appear on Supreme Copy's behalf. The WCAB panel found that Supreme Copy did physically appear at both trials through Mr. Martin, who had filed a Notice of Representation compliant with WCAB Rule 10401(c)(2), and that no statute or regulation requires corporate-officer authorization. The Board held the WCJ imposed an arbitrary requirement, conducted his own unauthorized investigation into Supreme Copy's corporate structure, failed to create a proper record under Labor Code section 5313, and thereby violated due process. The panel granted reconsideration and annulled the Joint Order as void ab initio. It also granted a petition for disqualification, finding the WCJ's conduct raised a reasonable appearance of bias, and ordered reassignment to a different WCJ.