CompFox AI Summary
The Workers' Compensation Appeals Board denied applicant Elisandro Campos's petition to disqualify the Workers' Compensation Judge (WCJ). The Board found that the petition lacked specific facts, under penalty of perjury, to establish grounds for disqualification under Labor Code section 5311 and Code of Civil Procedure section 641. Legal precedent dictates that conclusory allegations or subjective perceptions of bias are insufficient, and judicial expressions of opinion based on evidence do not constitute grounds for disqualification. The Board also admonished the applicant for filing duplicative and potentially frivolous pleadings.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied applicant Elisandro Campos's petition to disqualify the Workers' Compensation Judge (WCJ). The Board found that the petition lacked specific facts, under penalty of perjury, to establish grounds for disqualification under Labor Code section 5311 and Code of Civil Procedure section 641. Legal precedent dictates that conclusory allegations or subjective perceptions of bias are insufficient, and judicial expressions of opinion based on evidence do not constitute grounds for disqualification. The Board also admonished the applicant for filing duplicative and potentially frivolous pleadings.
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