Home/Case Law/ESTHER BARRIENTOS (DIAZ) vs. STATE OF CALIFORNIA - IHSS
Regular DecisionRemoval

ESTHER BARRIENTOS (DIAZ) vs. STATE OF CALIFORNIA - IHSS

Filed: Nov 30, 2018
Anaheim
ADJ11422067, ADJ11422915

CompFox AI Summary

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal regarding a Protective Order that excused the applicant and her attorney from a deposition due to a claimed calendar conflict. The Board rescinded the Protective Order, agreeing with the WCJ's report that the matter should be returned for further proceedings. This decision was based on the WCJ's subsequent realization of a lack of full knowledge of prior dealings between the parties. The Board emphasized that expressions of opinion by a judge are not evidence of bias, and erroneous rulings do not necessitate disqualification.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal regarding a Protective Order that excused the applicant and her attorney from a deposition due to a claimed calendar conflict. The Board rescinded the Protective Order, agreeing with the WCJ's report that the matter should be returned for further proceedings. This decision was based on the WCJ's subsequent realization of a lack of full knowledge of prior dealings between the parties. The Board emphasized that expressions of opinion by a judge are not evidence of bias, and erroneous rulings do not necessitate disqualification.

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