Lowman v. Racetrac Petroleum, Inc.

Petitioner, the injured worker in this workers’ compensation case, challenges the denial of his motion to disqualify the Judge of Compensation Claims (JCC) and seeks a writ of prohibition directing the JCC to disqualify himself. Because we find that the JCC erred in denying the motion to disqualify, we grant the petition.

In his motion and accompanying affidavit to disqualify the JCC, Petitioner asserts that he believes the JCC “is prejudiced against [his] attorney” and that, “as a result of this prejudice,” he fears the JCC will be prejudiced against him and that he “will not receive a fair…