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

Case No. ADJ1539456; ADJ134659; ADJ16131949; ADJ16046597
Regular
Sep 04, 2025

PHYLLIS CARSON vs. COUNTY OF LOS ANGELES SHERIFFS DEPT, SEDGWICK PASADENA

The Workers' Compensation Appeals Board considered Phyllis Carson's Petition for Disqualification. The Board determined that the petition was untimely, having been filed on October 28, 2024, significantly past the statutory 10 or 15-day deadline following the September 5, 2024, notice of hearing or the September 24, 2025, hearing where the grounds arose. Consequently, the Petition for Disqualification was dismissed. The Board also noted that even if the petition had been timely, it would have been denied based on the WCJ's report and established legal principles regarding judicial bias.

Petition for DisqualificationWCJTimelinessWCAB Rule 10960Labor Code Section 5311Code of Civil Procedure Section 641BiasPrejudiceUnqualified OpinionEAMS
References
Case No. ADJ358912 (GRO 0032620) ADJ1583814 (GRO 0032621)
Regular
Jun 21, 2010

ROSS COVELLO vs. CITY OF SANTA MARIA, Pecmissibly Self-Insured, GREGORY BRAGG & ASSOCIATES, Adjusting Agency

The Appeals Board dismissed the applicant's Petition for Reconsideration because the PWCJ's order setting the matter for trial was not a final order. The Board denied the applicant's request for removal, finding no showing of significant prejudice or irreparable harm justifying this extraordinary remedy. Additionally, the petition for disqualification was denied due to the applicant's failure to provide the required affidavit or declaration under penalty of perjury. The applicant's contentions regarding discovery, notice defects, counsel conflicts, and bias were found insufficient to warrant reconsideration or removal.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalPetition for DisqualificationPresiding Workers' Compensation Administrative Law JudgeDeclaration of ReadinessAgreed Medical ExaminerDiscovery ClosedMandatory Settlement ConferenceFinal Order
References
Case No. ADJ18395672
Regular
Oct 13, 2025

FRANCISCO DE SANTIAGO CARRILLO vs. NEAL TRUCKING INC.; TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

Defendant sought removal from an order taking this matter off calendar and disqualification of a Workers' Compensation Administrative Law Judge (WCJ) for alleged bias. The Appeals Board considered the petitions and the WCJ's Report. The Board denied the petition for removal, finding that defendant failed to establish irreparable harm or that reconsideration would be an inadequate remedy. The petition for disqualification was also denied because defendant did not provide a supporting affidavit or declaration under penalty of perjury, nor sufficient grounds for disqualification. The Board noted that the WCJ's actions, such as raising the issue of sanctions, appeared to be a reasonable response based on the case facts.

Petition for RemovalPetition for DisqualificationWCJ DiscretionDeclaration of ReadinessIrreparable HarmReconsiderationJudicial BiasLabor Code Section 5311Code of Civil Procedure Section 641Affidavit/Declaration
References
Case No. ADJ979897 (POM 0248276)
Regular
Nov 14, 2008

JITENDRAKUMAR TRIVEDI vs. GTE CORPORATION, LUMBERMEN'S MUTUAL CASUALTY COMPANY

The Workers' Compensation Appeals Board denied the applicant's petition to disqualify Judge C. Coutts and declare a mistrial. The applicant's request, treated as a disqualification petition, failed to comply with Labor Code section 5311 and WCAB Rule 10452 by not stating specific grounds or providing a supporting declaration. The Board found the applicant had not shown good cause to reopen his case in prior proceedings and had not demonstrated any valid reason for the current disqualification request.

Workers' Compensation Appeals BoardDisqualificationPetition for DisqualificationMistrialLabor Code Section 5311WCAB Rule 10452Presiding Workers' Compensation JudgeFindings of Fact and OrdersPetition for ReconsiderationWrit of Review
References
Case No. ADJ7503681
Regular
Jul 24, 2012

WAYNE RADLOFF vs. ATLANTA FALCONS

Defendant National Union petitioned for the Workers' Compensation Judge's disqualification based on unspecified grounds, requesting reassignment. The Workers' Compensation Appeals Board dismissed the petition because it lacked the required affidavit or declaration detailing facts for disqualification. Furthermore, the petition was not verified, violating WCAB Rule 10842(b). Consequently, the Board denied the request for disqualification and reassignment.

WORKERS' COMPENSATION APPEALS BOARDWayne RadloffAtlanta FalconsADJ7503681Petition for DisqualificationCCP § 641(f)CCP § 641(g)Labor Code section 5311WCAB Rule 10452affidavit
References
Case No. ADJ402078 (SAC 0360299) ADJ3085499 (SAC 0360300)
Regular
Oct 07, 2008

Sean Travnicek vs. Pacific Bell/AT&T, Permissibly Self-Insured, adjusted by Sedgwick Claims Management and Liberty Mutual

This case involves an applicant's petition for disqualification of a Workers' Compensation Judge (WCJ) based on an attorney's belief of "negative bias." The Workers' Compensation Appeals Board (WCAB) dismissed the petition because it failed to comply with Labor Code section 5311 and WCAB Rule 10452. Specifically, the applicant did not specify grounds for disqualification under the Code of Civil Procedure or provide a supporting affidavit or declaration with detailed facts.

Challenge for CausePetition for DisqualificationWCJ Esther VolkanLabor Code section 5311WCAB Rule 10452AffidavitDeclarationPenalty of PerjuryGrounds for DisqualificationCode of Civil Procedure section 641
References
Case No. ADJ8900810
Regular
Sep 29, 2015

RAMIRO MONTOYA vs. VALLARTA FOOD ENTERPRISES, INC., SAFETY NATIONAL INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition to Disqualify a judge due to multiple procedural deficiencies. The petition was improperly filed under Code of Civil Procedure § 170.6, lacked specificity, was not supported by the required affidavit, and was not served on the applicant. Furthermore, the case had already been resolved by a Compromise and Release agreement, rendering the disqualification issue moot. The Board admonished defense counsel for the petition's flaws and the waste of resources.

Petition for DisqualificationCode of Civil Procedure § 170.6Workers' Compensation Appeals BoardPetition to Peremptorily Disqualificationaffidavitdeclaration under penalty of perjuryOrder Approving Compromise and ReleasemootnessLabor Code section 5311priority conference
References
Case No. ADJ2005173
Regular
Mar 22, 2010

RUFUS TANKSLEY vs. CITY OF SANTA ANA

This case involves an applicant's petition to remove the Workers' Compensation Judge (WCJ) due to alleged bias against the applicant's attorneys. The petition was denied because it failed to meet the procedural requirements of an affidavit or declaration supporting the disqualification. Furthermore, the petition was untimely as it was filed after the applicant had already been sworn and testified at trial. Therefore, the Workers' Compensation Appeals Board (WCAB) denied the petition for removal.

Petition for RemovalWorkers' Compensation JudgeDisqualificationLabor Code section 5311WCAB Rule 10452AffidavitDeclaration Under Penalty of PerjurySwearing of WitnessUntimely PetitionReconsideration
References
Case No. ADJ229693 (MON 0362437)
Regular
Mar 28, 2011

JUAN PALMA vs. NORMAN'S NURSERY WHOLESALE GROWERS

A lien claimant, former attorney for the applicant, filed a motion to disqualify the Workers' Compensation Judge, alleging bias. The Workers' Compensation Appeals Board (WCAB) construed this motion as a petition for disqualification. The petition was denied because it was not properly verified under oath as required by WCAB Rule 10844. Furthermore, the petition lacked the necessary supporting affidavit or declaration under penalty of perjury required by WCAB Rule 10452.

Petition for disqualificationWCAB Rule 10844Verified pleadingsAffidavitDeclaration under penalty of perjuryWorkers' Compensation Administrative Law JudgeBiasMotion to disqualifyLabor Code section 5311WCJ Blais
References
Case No. ADJ9248422, ADJ9247183
Regular
Sep 12, 2019

VERONICA VASQUEZ vs. EAST COAST FOODS, dba ROSCOE'S HOUSE OF CHICKEN AND WAFFLES, STATE COMPENSATION INSURANCE FUND

This case concerns the validity of liens filed by medical providers and interpreters. The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior order, finding that the declarations supporting the liens were invalid because the declarant, Ilona Kulikova, lacked personal knowledge. The Board dismissed one lien completely due to the lack of any other valid declaration. However, for two other liens, the Board remanded the case to allow the trial judge to reconsider additional declarations that were not initially evaluated.

Labor Code section 4903.8DeclarationPersonal knowledgeCompetent to testifyElectronic signatureLien claimantsAmended declarationsDue processJoint Findings and OrderPetition for Reconsideration
References
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