What the panel ordered
The Appeals Board granted the Petition for Removal, rescinded the order compelling attendance at the medical examination, and returned the matter to the WCJ for further proceedings. The Petition for Disqualification was denied.
Applicant filed a Petition for Removal of an order compelling attendance at a medical examination and a Petition for Disqualification of the WCJ. The WCJ issued reports recommending denial of both petitions. The Appeals Board reviewed the record and issued a decision.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The petition for disqualification failed to set forth facts establishing bias or an unqualified opinion by the WCJ. The mere issuance of an order, even if erroneous, does not support disqualification. The petition was denied.
From the decision · page 7The Petition to Disqualify fails to set forth facts that establish the WCJ has formed or expressed an unqualified opinion or belief as to the merits of the action or shown the existence of a state of mind evincing enmity or bias against a party. The mere issuance of an order by the WCJ, even if erroneous, does not support disqualification. The Petition does not meet the requirements to establish disqualification pursuant to section 5311, WCAB Rule 10960, and Code of Civil Procedure section 641(f) and/or (g). Accordingly, the petition will be denied.