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Case Law Database

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

Case No. 14-05-00831-CR
Regular Panel Decision
Nov 07, 2006

Joseph Earl Bias v. State

Joseph Earl Bias appealed his conviction for aggravated assault, asserting errors in the trial court's granting of the State's challenges for cause to two venirepersons and factual insufficiency of the evidence. The case originated from an incident where Bias allegedly pulled a gun and fired shots in a shoe store. The jury found Bias guilty, assessing a twenty-year confinement. The appellate court found the evidence factually sufficient, citing positive identification of Bias by the complainant and corroborating testimony. The court also determined that any error in excusing venirepersons did not deprive Bias of a lawfully constituted jury, thus affirming the trial court's judgment.

Aggravated AssaultFactual SufficiencyEvidentiary ReviewVoir DireJury SelectionChallenges for CauseCredibility of WitnessesCriminal AppealTexas LawCourt of Appeals
References
10
Case No. SDO 341698
Regular
Jul 23, 2007

EVA STERBA vs. CARDIFF SOFWARE, INC., CHUBB GROUP OF INSURANCE COMPANIES

Here's a concise summary for a lawyer: A petition to disqualify a Workers' Compensation Judge (WCJ) based on a past admitted bias against the applicant's law firm was denied. The Appeals Board found that the six-year-old declaration of bias had been sufficiently attenuated and lacked present evidence of actual or apparent bias. Future disqualification would require specific evidence demonstrating bias.

Workers' Compensation Appeals BoardDisqualificationAdministrative Law JudgeBiasTrovillion Inveiss Ponticello DemakisAppearance of BiasBlanket RecusalRobbins v Sharp HealthcareDeclaration of Readiness to ProceedMandatory Settlement Conference
References
1
Case No. SBR 0297153
Regular
Dec 16, 2007

KAREN SPARKS vs. RITE AID CORPORATION, TRAVELERS PROPERTY \& CASUALTY

Rite Aid sought to disqualify the Workers' Compensation Judge (WCJ) based on an alleged consanguinity or bias towards the applicant's law firm. The Board denied the petition because consanguinity with a law firm is legally impossible, and the petition failed to provide specific facts demonstrating bias. While the WCJ noted a personal relationship with someone represented by the firm, this alone, without evidence of actual bias, was insufficient for disqualification.

Workers Compensation Appeals BoardDisqualification petitionConsanguinityAffinityCode of Civil Procedure section 641(b)Administrative Law Judge (WCJ)Rose Klein & MariasBiasDeclarationWCAB Rule 10452
References
0
Case No. ADJ7008931
Regular
Oct 18, 2012

NIKITA HOLDEN vs. YOSHINOYA, WAUSAU UNDERWRITERS INSURANCE COMPANY

This case involves a lien claimant's petition for removal based on alleged untimeliness and bias of the Workers' Compensation Judge. The Appeals Board found the judge's order rescinding a prior decision was timely. The Board also ruled the bias claim was procedurally barred as an untimely petition for disqualification unsupported by affidavit, and found no evidence of actual bias. Finally, the lien claimant was admonished for filing an excessively long trial brief without permission.

Petition for RemovalOrder Rescinding DecisionLien claimantWCJ biasPetition for ReconsiderationPetition for disqualificationWCAB Rule 10859WCAB Rule 10452Labor Code section 5311untimely petition
References
1
Case No. ADJ7818378 ADJ8556286
Regular
Nov 06, 2017

ZENAIDA SALAZAR vs. J. G. BOSWELL COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES

This case involved Attorney Kyle Nielsen's petition to disqualify Workers' Compensation Judge Geoffrey H. Sims, alleging bias. Nielsen cited the judge's fee award ruling, decision to set a trial, misspelling of his name, and order for personal appearance as evidence of bias. The Workers' Compensation Appeals Board denied the petition, finding no grounds for disqualification. The Board noted the petition lacked a required affidavit and that the cited actions did not demonstrate actual bias or prejudice.

WCABPetition for DisqualificationAttorney's FeesWCJBiasLabor Code Section 5311WCAB Rule 10452Compromise and ReleaseFee SplitReconsideration
References
0
Case No. ADJ15136580
Regular
May 09, 2025

Neal Newton vs. Rudgear Logistics, LLC.; Falls Lake Fire & Casualty

Applicant Neal Newton filed a petition to disqualify the trial Workers' Compensation Administrative Law Judge (WCJ), alleging bias and the expression of unqualified opinions during hearings. The applicant contended the WCJ belittled his personal physician, questioned his intelligence, and demonstrated bias against his video evidence. Despite the WCJ denying actual bias, the Workers' Compensation Appeals Board found an 'appearance of bias' sufficient to warrant disqualification, particularly noting the WCJ's characterization of applicant's documents without full review. Consequently, the Board granted the petition, disqualified the assigned WCJ, and ordered the case reassigned to a new WCJ.

Petition for DisqualificationWorkers' Compensation Appeals BoardWCJAppearance of BiasMandatory Settlement ConferenceDeclaration of Readiness to ProceedQualified Medical EvaluatorEvidence DisputeMed-Legal EvaluationCode of Civil Procedure
References
5
Case No. MISSING
Regular Panel Decision

City of Long Beach v. Long Beach Professional Firefighters Ass'n

The City of Long Beach petitioned to permanently stay arbitration initiated by Brian McNamara and the Long Beach Professional Firefighters Association (Union) concerning McNamara's disciplinary charges. The Union cross-petitioned to compel arbitration and disqualify City Manager Jack Schnirman as the hearing officer due to alleged bias. The court, interpreting the Collective Bargaining Agreement (CBA), determined that the City Manager was mandated to conduct the initial disciplinary hearing, with arbitration only permissible as a review mechanism after the City Manager's determination or if he declined to hold the hearing. Consequently, the court granted the City's petition, permanently staying the AAA arbitration. The Union's cross-petition to disqualify Schnirman, based on claims of bias, was denied, as the CBA allows the City Manager to preside and no actual disqualifying bias was found.

ArbitrationCollective Bargaining AgreementDisciplinary ProceedingsCity ManagerFirefighters UnionPublic Sector ArbitrationStay of ArbitrationCompel ArbitrationBias AllegationsWorkplace Violence Policy
References
8
Case No. MISSING
Regular Panel Decision

Wal-Mart Stores, Inc. v. Kee

Tan-ja Kee was fired by Wal-Mart Stores, Inc. in response to filing and settling a workers' compensation claim. Kee sued Wal-Mart for discriminatory firing under Tex.Rev.Civ.Stat. Ann. art. 8307c, seeking actual and exemplary damages. A jury awarded Kee $4,500 in actual damages and $25,000 in exemplary damages, finding Wal-Mart acted with malice. Wal-Mart appealed, challenging the recoverability of exemplary damages and the sufficiency of evidence for malice. The appellate court affirmed the trial court's judgment, citing precedent that exemplary damages are recoverable and concluding that the jury's finding of malice and the damage award were supported by sufficient evidence and not excessive.

discriminatory firingworkers' compensationexemplary damagesmaliceTexas lawretaliatory dischargeemployee rightsemployer liabilityjury verdictappellate review
References
5
Case No. ADJ10371478
Regular
Mar 10, 2023

DOMINGA FRIAS vs. CANCUN TAQUERIA INC., ROSTIZERIA INC., REPUBLIC UNDERWRITERS INSURANCE COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES

This case involves a petition to disqualify a Workers' Compensation Judge (WCJ) for bias. The applicant's attorney requested an electronic hearing due to health concerns for their father, providing a doctor's note and evidence of defense counsel's consent. The WCJ denied the request via order without a hearing, citing procedural rule violations. While the Appeals Board denied the disqualification petition, finding no actual bias, they granted removal. The Board rescinded the WCJ's order, deeming it a due process violation, and returned the matter for further proceedings to allow for proper consideration of the electronic hearing request.

Petition for DisqualificationPetition for RemovalWCJ BiasDue Process ViolationElectronic HearingCOVID-19 RiskMedical-Legal ExamDeclaration of ReadinessBoard RulesVerified Petition
References
11
Case No. M2012-01827-COA-10B-CV
Regular Panel Decision
Sep 11, 2012

Dan J. Marcum v. Paul F. Caruana

This case involves an interlocutory appeal from the Circuit Court for Bedford County regarding the denial of a motion for recusal. Defendant Paul F. Caruana alleged that the trial judge, Franklin L. Russell, was biased against him and his counsel. The underlying litigation, initiated by Dan J. Marcum in 2001, involved claims of breach of contract, misrepresentation, fraud, and a shareholder derivative claim. The Court of Appeals of Tennessee affirmed the trial court's decision, finding no evidence of actual bias or a reasonable question regarding the judge's impartiality, concluding that adverse rulings alone are insufficient grounds for recusal.

Judicial recusalAppellate procedureJudicial impartialityBias allegationsDue processInterlocutory appealCivil litigationJudicial discretionConflict of interestContract dispute
References
21
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