CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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

Case No. SDO 0335244
Regular

FREDDY GOMEZ vs. EL TORITO RESTAURANT, GALLAGHER BASSETT SERVICES

This case involved a petition to disqualify a Workers' Compensation Judge (WCJ) based on a prior declaration of bias and an alleged appearance of bias. The Workers' Compensation Appeals Board (WCAB) denied the petition. The WCAB found that while a previous case established a past appearance of bias, the current petition lacked specific evidence of present bias or appearance thereof. Furthermore, the WCAB concluded that sufficient time had passed since the prior proceedings, and the appearance of bias, if any, had sufficiently attenuated.

Workers' Compensation Appeals BoardPetition for DisqualificationAdministrative Law JudgeLabor Code section 5311WCAB Rule 10452Appearance of BiasActual BiasBlanket RecusalMandatory Settlement ConferenceIndustrial Injury
References
Case No. ADJ107733
Regular
May 03, 2011

ALFREDO GUTIERREZ vs. VIKING COMPANY, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition to disqualify Administrative Law Judge (ALJ) James Hopkins. The applicant's attorney claimed the ALJ demonstrated animosity and bias by stating the case was rescheduled "Because, it's you" when referring to the attorney. Although the ALJ cited administrative difficulties, he did not deny making the statement. The WCAB found this statement sufficient to establish an appearance of bias, warranting disqualification. The case will be reset for trial before a different ALJ, with priority given due to the repeated postponements.

Petition for DisqualificationWCJ biasappearance of biasattorney biasLabor Code section 5311mandatory settlement conferencedouble bookedanimosity and gamesmanshipprocedural historyexpedited hearings
References
Case No. SDO 339211 SDO 339212
Regular
Jul 23, 2007

RICHARD ESPINOZA vs. SAN DIEGO GAS & ELECTRIC

This case involved a petition to disqualify a Workers' Compensation Judge based on a prior admission of bias against the applicant's law firm. The Appeals Board denied the petition, finding that the applicant failed to present evidence of present bias or the appearance of bias. The Board reasoned that the prior admission of bias had been sufficiently attenuated by time and subsequent rulings, and that future disqualifications would require specific evidence.

Workers' Compensation Appeals BoardDisqualificationWCJBiasAppearance of BiasRecusalBlanket RecusalEthics ComplaintsCourt AdministratorMandatory Settlement Conference
References
Case No. ADJ9120630
Regular
Feb 04, 2015

SALVADOR RODRIGUEZ vs. EL MONTE CONVALESCENT HOSPITAL, ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board dismissed Western Imaging Services' petition to disqualify the judge due to untimeliness. The petition was filed 26 days after the lien conference, exceeding the 10-day limit. Furthermore, the Board found no evidence supporting claims of bias or the appearance of bias by the judge during the conference. The lien claimant is not considered aggrieved by the notice of intent to dismiss or sanction as no orders have yet been issued.

Petition for DisqualificationLien ClaimantWCJNotice of Intention to SanctionDismiss LienAttorney's FeesSanctionsLabor Code section 5311WCAB rule 10452Bias
References
Case No. ADJ4055531 (OXN 0137643) ADJ1549173 (OXN 0131530) ADJ2511069 (OXN 0139174)
Regular
May 09, 2012

DAWN MESSI vs. STEPHEN MITNICK, STATE FARM FIRE & CASUALTY, CUNNINGHAM & LANDSEN, STATE COMPENSATION INSURANCE FUND, VAN SICKLE & ROWLEY, EMPLOYERS COMPENSATION INSURANCE COMPANY

Attorney M. Francesca Hannan petitioned for the disqualification of WCJ Morgan, alleging a conspiracy among Oxnard District Office WCJs to dismiss her clients' liens and sanction her due to her medical issues. The Appeals Board denied the petition, finding it untimely and unsupported by sufficient factual evidence. Hannan failed to provide timely declarations from alleged witnesses to substantiate her claims of bias and conspiracy. Therefore, the case is returned to the trial level without the disqualification of WCJ Morgan.

Workers' Compensation Appeals BoardPetition for DisqualificationAdministrative Law JudgeBiasSanctionsLiensCompromise and ReleaseReconsiderationADA accommodationTimeliness
References
Case No. ADJ12674446
Regular
Jul 25, 2025

MICHAEL KREZA, SHANNA KREZA vs. CITY OF COSTA MESA FIRE DEPARTMENT, ADMINSURE

Applicant Shanna Kreza, guardian ad Litem for deceased Michael Kreza, sought reconsideration or, alternatively, removal and disqualification of a Workers' Compensation Administrative Law Judge (WCJ) after the WCJ issued an Order Suspending Action. The WCJ's order questioned the requested attorney's fees as excessive, which the applicant argued created an appearance of bias. The Workers' Compensation Appeals Board dismissed the petition for reconsideration, deeming the WCJ's order interlocutory. However, the Board granted the petitions for removal and disqualification, finding an appearance of bias by the WCJ due to unqualified opinions on attorney's fees. Consequently, the WCJ was disqualified, their May 12, 2025 Order was rescinded, and the case was returned for reassignment to a new WCJ.

Workers' Compensation Appeals BoardFirefighterDeath ClaimAttorney FeesExcessive FeesPetition for ReconsiderationPetition for RemovalPetition for DisqualificationWCJ BiasOrder Suspending Action
References
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
Case No. ADJ1486247 (OXN 0143747) ADJ4223931 (OXN 0141326)
Regular
May 09, 2012

JUAN JOSE GONZALEZ vs. J. M. SMUCKERS as Administered by SPECIALTY RISK SERVICES, AMERICAN TECHNOLOGIES, INC., as administered by AIG DOMESTIC CLAIMS, INC.

This case concerns a petition for disqualification of Workers' Compensation Judge Morgan, filed by attorney M. Francesca Hannan. Hannan alleged that Judge Morgan and other judges conspired to dismiss her clients' liens and impose sanctions due to her medical issues causing delayed appearances. The Appeals Board denied the petition, finding the allegations unsubstantiated and the petition untimely. Hannan failed to provide specific facts or witness declarations to support her claims of bias.

Workers' Compensation Appeals Boarddisqualificationadministrative law judgelienssanctionsbiasimpartialitypetition for disqualificationmandatory settlement conferencelien claimant
References
Case No. ADJ7493258, ADJ8597877, ADJ10987183
Regular
Feb 23, 2018

Barbara Nakatani vs. Coco's Restaurant, California Restaurant Mutual Benefit Corporation

The Appeals Board granted reconsideration and rescinded an order for sanctions against applicant's attorney, Ms. Otero, due to insufficient evidence and an appearance of bias by the WCJ. The Board disqualified the WCJ based on her lengthy past employment and personal relationship with Ms. Otero's firm, creating a reasonable doubt about her impartiality. Consequently, the cases are reassigned to a new WCJ for further proceedings.

Workers' Compensation Appeals BoardSanctionsPetition for ReconsiderationDisqualificationWCJ BiasAppearance of BiasDue ProcessFair HearingCode of Civil ProcedureLabor Code
References
Case No. ADJ3609087 (LBO 0392035) ADJ1000696 (LBO 0332475)
Regular
Jul 20, 2017

Katherine Staudt vs. University of California Los Angeles, SEDGWICK CMS

This case involved the dismissal of the applicant's workers' compensation claims by the administrative law judge (WCJ) for failing to personally appear at a mandatory settlement conference. The applicant, represented by counsel who did attend, sought reconsideration, arguing that her attorney's presence satisfied the appearance requirement under Labor Code § 5700. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, finding that while the applicant did not personally appear, her attorney's presence constituted a valid appearance. The WCAB rescinded the dismissal order, emphasizing the legal preference for hearings on the merits over dismissals.

WCABPetition for ReconsiderationOrder Dismissing CaseMandatory Settlement ConferenceApplicant's AppearanceAttorney AppearanceLabor Code Section 5700Section 5404.5Compulsory AppearanceNotice of Intent to Dismiss
References
Showing 1-10 of 1,023 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational