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

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. 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. ADJ8970968
Regular
Oct 17, 2016

JOSE CEJA vs. THYSSENKRUPP ELEVATOR, SEDGWICK CMS

The Applicant sought to disqualify the Workers' Compensation Judge, alleging bias based on a pre-trial chambers discussion where the Applicant felt the judge favored the defendant. The WCAB denied the petition because the Applicant's allegations were subjective beliefs without specific factual support to demonstrate bias. The Board also noted procedural non-compliance with WCAB Rule 10452. Therefore, the judge was not disqualified from presiding over the case.

Petition for DisqualificationWCABAdministrative Law JudgeBiasLabor Code section 5311WCAB Rule 10452Declaration/AffidavitPerjuryOverpaymentTemporary Total Disability
References
0
Case No. ADJ4673385 (OXN 0124206)
Regular
May 09, 2012

JESUS CERVANTES vs. GHL ENTERPRISES, CIGA, INTERCARE INSURANCE SERVICES, INC., PAULA INSURANCE COMPANY in Liquidation

This case involved attorney Hannan's petition to disqualify Judge Morgan, alleging a conspiracy among Oxnard WCJs to penalize her for disability-related delays. The Workers' Compensation Appeals Board (WCAB) denied the petition, finding it untimely and unsupported by sufficient evidence. Hannan failed to provide timely or credible witness declarations substantiating her claims of bias. The WCAB emphasized that allegations of bias require detailed factual support, which was lacking here.

WCABDisqualification PetitionAdministrative Law JudgeLien ConferenceSanctionsContinuanceADA accommodationBiasTimelinessBurden of Proof
References
6
Case No. ADJ9605270
Regular
May 22, 2015

MISTY SOLBERG vs. CITY OF FONTANA, JT2 Integrated Resources

In this Workers' Compensation Appeals Board case, attorney Sherlin petitioned to disqualify Administrative Law Judge (WCJ) Tracy L. Hughes, alleging bias and an unqualified opinion on the merits. The Board denied the petition, finding no evidence of bias or prejudgment by the WCJ. The WCJ's actions, including suspending a stipulation for adequacy and ordering further medical documentation, were deemed appropriate given the case's procedural stage. The Board also noted that prior matters involving similar allegations were not before them.

Workers' Compensation Appeals BoardPetition for DisqualificationWorkers' Compensation Administrative Law Judgeunqualified opinionmerits of the caseenmitybiasStipulations with Request for AwardOrder Suspending Actionmandatory settlement conference
References
2
Case No. ADJ8255413, ADJ8255415, ADJ8255416, ADJ8684388
Regular
Nov 02, 2016

LERHONE WILLIAMS vs. STATE OF CALIFORNIA, IN HOME SUPPORTIVE SERVICES, YORK RISK SERVICES GROUP

Here's a summary of the case for a lawyer, in four sentences: The applicant, LeRhone Williams, filed a Petition for Disqualification seeking a new judge, alleging bias due to a factual error in a prior report and denial of an examination. The Workers' Compensation Appeals Board (WCAB) reviewed the petition, the judge's report, and the applicant's supplemental response. The WCAB found the petition procedurally deficient for lacking a sworn declaration and substantive merit, as alleged errors do not establish bias. Consequently, the WCAB denied the Petition for Disqualification on both procedural and substantive grounds.

WCABPetition for DisqualificationLabor Code section 5311Code of Civil Procedure section 641WCJin pro peraffidavitdeclarationbiasprejudice
References
11
Case No. ADJ13752411
Regular
Oct 10, 2025

Cesar Cruz vs. United Parcel Service, Inc.; Liberty Mutual

Cesar Cruz, the applicant, sought to disqualify a Workers' Compensation Administrative Law Judge (WCJ) based on allegations of general bias. The Workers' Compensation Appeals Board (WCAB) reviewed the applicant's petition and the WCJ's Report and Recommendation, which advised against disqualification. Citing various Labor Code and Code of Civil Procedure sections, as well as WCAB rules and case precedents, the Board determined that the applicant's allegations lacked sufficient factual detail and did not demonstrate a fixed bias or an unqualified opinion from the WCJ. Consequently, the WCAB denied the Petition for Disqualification and admonished the applicant about the possibility of being declared a vexatious litigant if similar conduct persists.

Petition for DisqualificationWCJ BiasLabor Code 5311Code of Civil Procedure 641Unqualified OpinionEnmityBiasWCAB Rule 10960AffidavitDeclaration
References
7
Case No. MISSING
Regular Panel Decision

Swift Independent Packing Co. v. District Union Local One

This case involves a dispute between Swift Independent Packing Company and District Union Local One over a labor arbitration award. Swift sought to vacate the award, which was issued by Arbitrator Mario A. Procopio and favored the Union regarding work schedules and overtime pay under a collective bargaining agreement. Swift raised several objections, including alleged arbitrator bias, reliance on facts not in evidence, the award lacking essence from the agreement, and refusal to hear testimony. The District Court, emphasizing its limited scope of review over arbitration awards, denied Swift's motion for summary judgment to vacate the award and granted the Union's motion to confirm it, concluding that no grounds for vacatur existed and that Swift had waived its right to object to the alleged bias.

Labor ArbitrationCollective Bargaining AgreementArbitration AwardVacatur of AwardConfirmation of AwardArbitrator BiasJudicial ReviewWaiver DoctrineOvertime PayWork Schedules
References
19
Case No. 92 Civ. 4884 (RJW)
Regular Panel Decision

United States v. Terry

This opinion addresses and denies two motions filed by defendant Randall Terry in connection with his criminal contempt trial. Terry sought the recusal of Senior District Judge Robert J. Ward, alleging personal bias based on the judge's comments during prior civil contempt hearings. The Court denied this motion, asserting that its observations stemmed from judicial proceedings and did not indicate an extrajudicial source of bias or create an appearance of impropriety. Terry also moved to present constitutional arguments as a defense against the preliminary injunction he allegedly violated. This motion was similarly denied under the collateral bar rule, which prohibits collateral attacks on court orders in contempt proceedings unless the order is "transparently invalid"—a standard the Court found was not met.

Criminal ContemptMotion to RecuseJudicial BiasCollateral Bar RuleFirst Amendment RightsPreliminary Injunction ViolationFederal ProcedureDue ProcessDisqualification of JudgeExtrajudicial Source Doctrine
References
21
Case No. MISSING
Regular Panel Decision

Farkas v. Ellis

The court addressed the plaintiffs' motion for recusal of Judge William C. Conner, based on allegations of bias and prejudice. Plaintiffs cited judicial acts and statements, as well as a perceived 'working relationship' between the judge and the Administrator, Mr. Ellis. The Court denied the recusal motion, stating that the alleged bias did not stem from an extrajudicial source, which is a requirement for disqualification under 28 U.S.C. §§ 144 and 455(b)(1). The Court also clarified that even under the objective 'reasonable person' standard of 28 U.S.C. § 455(a), no appearance of partiality was established. Furthermore, the Court raised concerns regarding subject matter jurisdiction, ordering plaintiffs to show cause why the action should not be dismissed, as the Administrator, Mr. Ellis, is not an 'agency' under the cited statutes (5 U.S.C. §§ 702 and 706) for judicial review of agency actions.

Recusal MotionJudicial BiasExtrajudicial Source of BiasSubject Matter JurisdictionAgency Action ReviewConsent Decree Administrator28 U.S.C. 14428 U.S.C. 4555 U.S.C. 7025 U.S.C. 706
References
16
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