What the panel ordered
Petition for removal/disqualification dismissed
Petition for removal/disqualification filed by applicant treated as a petition for removal and dismissed as moot and untimely
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 was dismissed as untimely and lacking sufficient facts to establish disqualification under the cited legal standards.
From the decision · page 1With respect to the issue of whether applicant's Declaration is a petition for disqualification, as discussed in the WCJ's Report and Recommendation, it is not timely filed as one for disqualification and does not set forth facts, declared under penalty of perjury, that are sufficient to establish disqualification pursuant to Labor Code section 5311, WCAB Rule 10960
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
The Declaration filed by applicant was not timely as a petition for disqualification and lacked sufficient facts under penalty of perjury to establish disqualification.
Favours Defendant prevailed
This failure to meet timeliness and factual sufficiency requirements led to dismissal of the petition.
From the decision · page 1With respect to the issue of whether applicant's Declaration is a petition for disqualification, as discussed in the WCJ's Report and Recommendation, it is not timely filed as one for disqualification and does not set forth facts, declared under penalty of perjury, that are sufficient to establish disqualification pursuant to Labor Code section 5311, WCAB Rule 10960
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Labor Code section 5311
Labor Code section 5311
Petition for removal must establish facts sufficient to warrant disqualification.
From the decision · page 1With respect to the issue of whether applicant's Declaration is a petition for disqualification, as discussed in the WCJ's Report and Recommendation, it is not timely filed as one for disqualification and does not set forth facts, declared under penalty of perjury, that are sufficient to establish disqualification pursuant to Labor Code section 5311, WCAB Rule 10960
WCAB Rule 10960 (Cal. Code Regs., tit. 8, 10960)
WCAB Rule 10960 (Cal. Code Regs., tit. 8, 10960)
Petition for removal must be timely and state sufficient facts under penalty of perjury.
From the decision · page 1With respect to the issue of whether applicant's Declaration is a petition for disqualification, as discussed in the WCJ's Report and Recommendation, it is not timely filed as one for disqualification and does not set forth facts, declared under penalty of perjury, that are sufficient to establish disqualification pursuant to Labor Code section 5311, WCAB Rule 10960
Code of Civil Procedure section 641(f) and/or (g)
Code of Civil Procedure section 641(f) and/or (g)
Petition for removal must meet procedural requirements for disqualification.
From the decision · page 1With respect to the issue of whether applicant's Declaration is a petition for disqualification, as discussed in the WCJ's Report and Recommendation, it is not timely filed as one for disqualification and does not set forth facts, declared under penalty of perjury, that are sufficient to establish disqualification pursuant to Labor Code section 5311, WCAB Rule 10960
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About this page
- A published decision of the California Workers' Compensation Appeals Board, taken apart by what it turned on. The Board publishes the decision itself; this page adds the extraction and quotes the passage behind every claim.
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