CompFox AI Summary
This case involved a defendant's petition for removal and reconsideration, treated as a disqualification petition. The Workers' Compensation Appeals Board (WCAB) denied the petition, finding the prior WCJ decision on employment was final, but applied the removal standard for the interlocutory issue of the case being taken off calendar. The Board found no significant prejudice or irreparable harm would result from denying removal. Furthermore, the petition for disqualification lacked specific factual allegations to support claims of WCJ bias, and the Board reiterated that judicial expressions of opinion or adverse rulings do not constitute disqualifying bias.
Full Decision Text1 Pages
This case involved a defendant's petition for removal and reconsideration, treated as a disqualification petition. The Workers' Compensation Appeals Board (WCAB) denied the petition, finding the prior WCJ decision on employment was final, but applied the removal standard for the interlocutory issue of the case being taken off calendar. The Board found no significant prejudice or irreparable harm would result from denying removal. Furthermore, the petition for disqualification lacked specific factual allegations to support claims of WCJ bias, and the Board reiterated that judicial expressions of opinion or adverse rulings do not constitute disqualifying bias.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.