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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ7106903
Regular
Sep 15, 2015

DAVID CONNOR vs. RESTAURANTS TO YOU/CAFÉ RUNNER, STATE COMPENSATION INSURANCE FUND

This order transfers venue for Case No. ADJ7106903, involving David Connor and Restaurants To You/Café Runner, from the San Luis Obispo District Office to the Santa Barbara Satellite Office. The transfer is necessitated by both parties exercising their challenges under Appeals Board Rule 10453, leaving no available judges in San Luis Obispo. The Presiding Judge in Santa Barbara will schedule the matter for trial upon receipt.

Venue transferAppeals Board rule 10453Challenge of judgePresiding Workers' Compensation JudgeSanta Barbara Satellite OfficeSan Luis Obispo District OfficeSetting for trialWorkers' Compensation Appeals BoardRestaurants to YouCafe Runner
References
1
Case No. ADJ7363461
Regular
Nov 15, 2019

SALVADOR DE LA ROSA vs. DUNN EDWARDS PAINTS, MATRIX, OLD REPUBLIC, GALLAGHER BASSETT

The Workers' Compensation Appeals Board denied the applicant's petition to disqualify Administrative Law Judge (WCJ) Bather. The applicant failed to meet the procedural requirements of WCAB Rule 10453 for automatic reassignment, as no timely oral objection was made when the judge was assigned. Furthermore, the petition lacked the necessary detailed, verified factual allegations required by WCAB Rule 10452 and case law to establish grounds for disqualification based on bias. Therefore, the Board adopted the WCJ's report and denied the petition.

Petition for DisqualificationWCAB Rule 10453WCJ reassignmentMandatory Settlement ConferenceDeclaration under penalty of perjuryLabor Code section 5311Code of Civil Procedure section 641attorney biasimpartialityadministrative law judge
References
6
Case No. ADJ409820 ADJ1572678 ADJ3967299 ADJ349576
Regular
Dec 08, 2010

VELEDA BURTON vs. FEDERAL EXPRESS, permissibly self-insured; SEDGWICK CLAIMS SERVICES

In this workers' compensation case, the applicant, Veleda Burton, sought to disqualify the administrative law judge (WCJ) presiding over her five consolidated claims. The WCJ denied the petition, finding no stated grounds for disqualification and noting that the request was untimely as an automatic reassignment request. The Workers' Compensation Appeals Board (WCAB) adopted the WCJ's report, expressly incorporating its reasoning, and denied the petition for disqualification. The WCAB also concluded the request was untimely under California Code of Regulations, title 8, section 10453.

Petition for DisqualificationAdministrative Law JudgeReassignmentUntimely RequestCal. Code Regs. tit. 8 § 10453WCJ ReportDeniedFederal ExpressSedgwick Claims ServicesVeleda Burton
References
0
Case No. ADJ7393344
Regular
Jun 19, 2012

CONNIE WHITTED vs. DHL ENTERPRISES LLC BRIGHT STAR HEALTH CARE, CHARTIS

This case concerns a petition initially filed as a "Petition for Disqualification and Reassignment," which was later amended to solely seek automatic reassignment of the judge under WCAB Rule 10453. The Appeals Board dismissed the disqualification aspect, attributing the confusion to the applicant's attorney's imprecise captioning. While the petition for automatic reassignment is remanded for determination by the presiding judge, the Board notes it was filed before a trial or expedited hearing, making its denial likely. The Board cautioned the attorney about wasted resources and the potential for future sanctions due to careless pleading.

WCAB Rule 10453WCAB Rule 10452peremptory challengedisqualificationautomatic reassignmentpresiding judgePetition for Disqualificationamended petitionJudge Brigham JonesReport and Recommendation
References
6
Case No. ADJ10725398 ADJ10725452
Regular
Mar 05, 2020

SHARON LAROSA vs. DRAKE ENTERPRISES, INC., dba BIG D PRODUCTS, PRO CENTURY INSURANCE COMPANY, ILLINOIS MIDWEST INSURANCE AGENCY, LLC

The Workers' Compensation Appeals Board denied the Petition for Removal, finding removal to be an extraordinary remedy not warranted here. The Board concluded the petitioner failed to demonstrate substantial prejudice or irreparable harm, or that reconsideration would be inadequate. Furthermore, the Board found the defendant's oral motion for reassignment untimely, as Labor Code § 5700 generally requires the same judge to conclude proceedings once assigned. The dissenting opinion argued for removal, asserting the defendant's motion for reassignment was timely under WCAB Rule 10453, as they were first notified of the assigned judge at the MSC and no testimony had been taken.

Petition for RemovalAppeals BoardWorkers' Compensation Administrative Law JudgeSubstantial PrejudiceIrreparable HarmReconsiderationLabor Code Section 5700Automatic ReassignmentMandatory Settlement ConferenceWCAB Rule 10453
References
4
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