What the panel ordered
Petition for Reconsideration dismissed as successive and Petition for Disqualification dismissed as untimely and insufficient.
Petition for Reconsideration and Petition for Disqualification filed by lien claimant after prior Opinion and Decision After Reconsideration of December 16, 2024, which rescinded prior Findings and Orders and denied petitions for costs and sanctions.
This docket was decided more than once. Shown here is the latest released decision; we also hold December 16, 2024.
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 was dismissed because it was filed after the 10-day deadline and failed to set forth sufficient facts to establish disqualification.
From the decision · page 5Finally, WCAB Rule 10960 provides that "if the worker's compensation judge assigned to hear the matter and the grounds for disqualification are known," a petition for disqualification "shall be filed not more than 10 days after service of notice of hearing or after grounds for disqualification are known." (Cal. Code Regs., tit. 8, § 10960.) Here, lien claimant seeks disqualification in response to actions by the WCJ that took place in 2021, several years after the ten-day period specified in WCAB Rule 10960 elapsed. Thus, the Petition for Disqualification must be dismissed.