Home/Case Law/ALFREDO GUTIERREZ vs. VIKING COMPANY, STATE COMPENSATION INSURANCE FUND
Regular DecisionDisqualification

ALFREDO GUTIERREZ vs. VIKING COMPANY, STATE COMPENSATION INSURANCE FUND

Filed: May 03, 2011
San Diego
ADJ107733

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition to disqualify Administrative Law Judge (ALJ) James Hopkins. The applicant's attorney claimed the ALJ demonstrated animosity and bias by stating the case was rescheduled "Because, it's you" when referring to the attorney. Although the ALJ cited administrative difficulties, he did not deny making the statement. The WCAB found this statement sufficient to establish an appearance of bias, warranting disqualification. The case will be reset for trial before a different ALJ, with priority given due to the repeated postponements.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition to disqualify Administrative Law Judge (ALJ) James Hopkins. The applicant's attorney claimed the ALJ demonstrated animosity and bias by stating the case was rescheduled "Because, it's you" when referring to the attorney. Although the ALJ cited administrative difficulties, he did not deny making the statement. The WCAB found this statement sufficient to establish an appearance of bias, warranting disqualification. The case will be reset for trial before a different ALJ, with priority given due to the repeated postponements.

Read the full decision

Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.