STEPHINO BROWN vs. FIRST TRANSIT/FIRST GROUP; BROADSPIRE, SEDGWICK, GALLAGHER BASSETT SERVICES
The applicant, Stephino Brown, filed a second petition to disqualify the presiding judge, alleging denial of due process and bias. However, the Workers' Compensation Appeals Board (WCAB) dismissed the petition as untimely. California WCAB Rule 10452 requires disqualification petitions to be filed within 10 days of service of the notice of hearing. Since the applicant filed his petition over a month after the notice of hearing was served, it was untimely and therefore dismissed.