What the panel ordered
The petition for disqualification was dismissed as untimely and unsupported by an affidavit under penalty of perjury; alternatively, the petition would have been denied on the merits based on the WCJ's report.
Applicant filed a petition for disqualification of the WCJ alleging bias and prior rulings in favor of defendant; the WCJ filed a Report and Recommendation on Petition for Disqualification recommending denial; the WCAB reviewed the petition and the WCJ's report.
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 because it was not timely filed and lacked the required affidavit under penalty of perjury; alternatively, the WCJ's report showed no bias or grounds for disqualification.
From the decision · page 1We have considered the allegations of the Petition for Disqualification and the contents of the WCJ's Report. Based on our review of the record, we will dismiss disqualification as the petition was not timely filed and is not supported by an affidavit or declaration under penalty of perjury. (Cal. Code Regs., tit. 8, § 10960.) If we were not dismissing, we would otherwise have denied the petition based upon the WCJ's analysis of the merits contained in the WCJ's Report.