The claimant brought two motions: (1) that Vice-Chair Flude recuse himself from making a decision that he already made on May 27, 2020; and (2) that he then reconsider the same decision. Claimant’s counsel had previous requested that Vice-Chair Flude recuse himself, alleging bias stemming from a comment that was interpreted to be insensitive, for which Vice-Chair Flude apologized for. The claimant also alleged bias over a dismissed motion to compel, which Vice-Chair Flude found moot as the witness had answered the questions she was Ordered to on the day of her cross-examination. The insurer raised issues with the timing of the claimant’s recusal motion, noting that the impugned instances occurred in 2018, but it was not until the claimant received the first unfavorable decision and the motions were then brought some seven months later. The claimant further alleged that it was improper for Vice-Chair Flude to request submissions on costs as neither party had requested them. Vice-Chair Flude noted that the insurer’s materials filed on the motion to strike did request costs. Vice-Chair Flude denied both of the claimant’s requests and gave the claimant 14 days to submit pleadings regarding costs as the insurer had already filed its materials.
