Home/Case Law/TROY WHITETO vs. LONG BEACH TRANSIT, TRISTAR RISK MANAGEMENT
Regular Decision

TROY WHITETO vs. LONG BEACH TRANSIT, TRISTAR RISK MANAGEMENT

Filed: Apr 11, 2022
Marina Del Rey
ADJ319279 (MON 0358792), ADJ3055294 (MON 0361854)

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) denied the applicant's petition for disqualification of Workers' Compensation Judge Elena B. Jackson. The petition was unverified and lacked specific allegations of bias against Judge Jackson, instead relying on the applicant's unsupported assertion of an "appearance of bias." The WCAB found no grounds for disqualification under Labor Code section 5311, reasoning that allowing disqualification based solely on criticism would enable any party to remove a judge without factual basis. Therefore, the petition was denied.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) denied the applicant's petition for disqualification of Workers' Compensation Judge Elena B. Jackson. The petition was unverified and lacked specific allegations of bias against Judge Jackson, instead relying on the applicant's unsupported assertion of an "appearance of bias." The WCAB found no grounds for disqualification under Labor Code section 5311, reasoning that allowing disqualification based solely on criticism would enable any party to remove a judge without factual basis. Therefore, the petition was denied.

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