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
1
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. 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
1
Case No. MISSING
Regular Panel Decision

People v. Johnson

This opinion from the Court of Appeals addresses the critical issue of juror impartiality in criminal trials, specifically concerning challenges for cause when prospective jurors express doubts about their fairness. The Court consolidated three cases: People v. Johnson and People v. Sharper, both robbery cases involving juror bias towards police testimony, and People v. Reyes, a drug sale case where jurors harbored biases related to drug abuse and a defendant's prior convictions. The Court reiterated that when potential jurors reveal a state of mind likely to preclude impartial service, they must provide unequivocal assurance of their ability to set aside any bias and render a verdict based solely on evidence. Concluding that the trial judges in these cases failed to obtain such unequivocal assurances, the Court affirmed the Appellate Division's reversal of convictions in Johnson and Sharper, and reversed the Appellate Division's affirmation of conviction in Reyes, ordering a new trial. This decision underscores the fundamental constitutional right to an impartial jury and clarifies the standard for excusing biased jurors under CPL 270.20.

Jury SelectionVoir DireJuror ImpartialityChallenge for CauseUnequivocal AssurancePolice Testimony BiasDrug Offense BiasPrior Conviction BiasCriminal Procedure LawAppellate Review
References
31
Case No. SAC 0290200 SAC 0352087 MON 0309956 MON 0326164
Regular
Dec 17, 2007

PATTY OLFATI (PARVIN OLFATI) vs. STATE OF CALIFORNIA, BOARD OF EQUALIZATION and STATE COMPENSATION INSURANCE FUND

The applicant sought to disqualify the workers' compensation judge due to alleged bias and intimidation by the judge and defendants. The appeals board denied the petition, finding no evidence of bias or the appearance of bias. The applicant failed to provide a proper affidavit and did not attend the conference where the alleged intimidation occurred.

Disqualification petitionWCJ biaspsychiatric injuryindustrial injuryex parte communicationaffidavit requirementLabor Code section 5311WCAB Rule 10452protective ordersubpoena duces tecum
References
4
Case No. ADJ2224397 (ANA 0397221)
Regular
Jul 27, 2018

MARK PAYNE vs. MBC CONSTRUCTION, REDWOOD FIRE & CASUALTY INSURANCE COMPANY

The applicant petitioned to disqualify Administrative Law Judge Angel Barnes, alleging bias and a prior reassignment due to such bias. The Workers' Compensation Appeals Board reviewed the petition and the ALJ's report. The Board found that testimony had already been taken, and there was no record of a reassignment based on bias. Therefore, the applicant's Petition for Disqualification was denied.

Petition for DisqualificationWCJ Angel BarnesLabor Code section 5311Code of Civil Procedure Section 641Cal. Code Regs. tit. 8 § 10452biasadministrative law judgeworkers' compensation appeals boardreassignmentaffidavit
References
0
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. ADJ1298920
Regular
Dec 05, 2011

TRUDY LEE vs. CHILDREN'S HOSPITAL, ZENITH INSURANCE COMPANY

In this workers' compensation case, the defendant filed a petition to disqualify the Administrative Law Judge (WCJ) based on alleged enmity and bias demonstrated by comments made at a lien trial. The WCJ acknowledged being overly zealous in settlement discussions and apologized for any outburst but denied bias or prejudice. The Workers' Compensation Appeals Board reviewed the record and found no evidence of bias or prejudgment by the WCJ. Therefore, the petition for disqualification was denied.

WCABPetition for DisqualificationAdministrative Law JudgeEstrinLien TrialEnmityBiasUnqualified OpinionReport and RecommendationOverly Zealous
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
Showing 1-10 of 311 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