Home/Case Law/TRINA R. THOMPSON vs. HARBOR UCLA MEDICAL CENTER, TRISTAR RISK MANAGEMENT
Regular DecisionRegular Panel Decision

TRINA R. THOMPSON vs. HARBOR UCLA MEDICAL CENTER, TRISTAR RISK MANAGEMENT

Filed: Mar 11, 2010
San Francisco
ADJ414029 (MON 0347065)

CompFox AI Summary

The applicant sought removal of her case from the assigned judge, arguing the judge erred by allowing defense witness testimony on injury arising out of and occurring in the course of employment (AOE/COE) and that this testimony would prejudice the judge's decision. The Workers' Compensation Appeals Board (WCAB) denied the removal petition, finding no substantial prejudice or irreparable harm as reconsideration would be an adequate remedy. The WCAB also noted the applicant failed to timely object to the defense witnesses' testimony and that the record contradicted claims of undue delay caused by the judge. Furthermore, the WCAB denied the implied request for disqualification due to untimeliness and procedural defects.

Full Decision Text1 Pages

The applicant sought removal of her case from the assigned judge, arguing the judge erred by allowing defense witness testimony on injury arising out of and occurring in the course of employment (AOE/COE) and that this testimony would prejudice the judge's decision. The Workers' Compensation Appeals Board (WCAB) denied the removal petition, finding no substantial prejudice or irreparable harm as reconsideration would be an adequate remedy. The WCAB also noted the applicant failed to timely object to the defense witnesses' testimony and that the record contradicted claims of undue delay caused by the judge. Furthermore, the WCAB denied the implied request for disqualification due to untimeliness and procedural defects.

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