CompFox AI Summary
The defendant, State Compensation Insurance Fund, petitioned for removal, arguing the applicant's objection to the judge was untimely. The applicant alleged the judge previously represented her, necessitating disqualification, but this objection was raised only after trial and an unfavorable award. The Appeals Board found the disqualification request untimely as it was not made before the first witness was sworn. Consequently, the Board granted removal, rescinded the order of rescission, and returned the cases to the trial level for further proceedings.
Full Decision Text1 Pages
The defendant, State Compensation Insurance Fund, petitioned for removal, arguing the applicant's objection to the judge was untimely. The applicant alleged the judge previously represented her, necessitating disqualification, but this objection was raised only after trial and an unfavorable award. The Appeals Board found the disqualification request untimely as it was not made before the first witness was sworn. Consequently, the Board granted removal, rescinded the order of rescission, and returned the cases to the trial level for further proceedings.
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