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

Case No. ADJ4453862 (VNO 0519650)
Regular
May 24, 2012

WILLIAM LANEY vs. CLARK PLUMBING & HEATING, STATE COMPENSATION INSURANCE FUND, CALIFORNIA COMPENSATION

This case involves applicant William Laney's petition for disqualification against defendants Clark Plumbing & Heating and their insurers. The Workers' Compensation Appeals Board reviewed the petition and the administrative law judge's report. Based on the record and the judge's reasoning, the Board denied the disqualification petition. Therefore, the Board issued an order formally denying Laney's request.

Petition for DisqualificationWorkers' Compensation Appeals BoardDenying DisqualificationAdministrative Law JudgeReportRecordAdopt and IncorporateDeniedVan Nuys District OfficeClark Plumbing & Heating
References
Case No. ADJ999430 (PAS 0009969) ADJ3798683 (LAO 0577997) ADJ1783473 (LAO 0785005)
Regular
May 22, 2014

KARIN CHEN vs. STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES

The Workers' Compensation Appeals Board denied a petition for disqualification filed by applicant Karin Chen against the State of California, Department of Transportation. The Board adopted and incorporated the administrative law judge's report, finding no grounds for disqualification. Therefore, the Board's order confirms that the petition is denied.

Petition for DisqualificationWorkers' Compensation Appeals BoardWCJ reportdeny disqualificationLegally UninsuredAdjusting AgencyADJ999430KARIN CHENDEPARTMENT OF TRANSPORTATIONSTATE COMPENSATION INSURANCE FUND
References
Case No. ADJ6635167
Regular
Aug 01, 2011

CDWARD CARTER vs. MONTEREY MARRIOTT

This case involves a clerical error correction by the Workers' Compensation Appeals Board (WCAB). The WCAB's prior Order, issued June 17, 2011, incorrectly titled and referenced a "disqualification" instead of "removal." The Board is correcting the title to "Order Denying Removal" and substituting "removal" for "disqualification" throughout the order. This correction was made to ensure clarity and understanding of the Board's decision, and the WCAB retains jurisdiction to correct such clerical errors.

Workers' Compensation Appeals BoardOrder Correcting Clerical ErrorOrder Denying RemovalPetition for RemovalDisqualificationMonterey MarriottADJ6635167Toccalino v. Workers' Comp. Appeals Bd.Clerical ErrorsRemoval
References
Case No. ADJ855554 (ANA 0388777)
Regular
Aug 24, 2011

CHRISTI HOWARTH vs. LONG BEACH UNIFIED SCHOOL DISTRICT; Permissibly Self-Insured, Administered By TRISTAR RISK MANAGEMENT

This case before the Workers' Compensation Appeals Board concerns a petition for disqualification filed by applicant Christi Howarth against the Long Beach Unified School District. The Board reviewed the petition and the report of the workers' compensation administrative law judge. Based on this review, the Board has adopted the judge's report and denied the disqualification petition.

Petition for DisqualificationWorkers' Compensation Appeals BoardWCJ reportdeny disqualificationrecord reviewadministrative law judgeTRISTAR RISK MANAGEMENTLONG BEACH UNIFIED SCHOOL DISTRICTApplicantDefendants
References
Case No. ADJ10778928
Regular
Dec 10, 2018

DINA CASTILLO vs. AMERICAN APPAREL USA, LLC, Administered by CORVEL CORPORATION, NEW HAMPSHIRE INSURANCE COMPANY, Adjusted by ATHENS ADMINISTRATORS

The Workers' Compensation Appeals Board denied the applicant's Petition for Disqualification of the WCJ. The Board found the petition lacked specific factual allegations required by rule, failing to establish grounds for bias or prejudgment under relevant code sections. Consequently, the petition was denied, and the applicant's attorney received an admonishment for filing a non-compliant petition and making unsubstantiated allegations.

Petition for DisqualificationWorkers' Compensation Appeals BoardWCJ DisqualificationCode of Civil Procedure section 641Labor Code section 5311Appeals Board Rule 10452Affidavit or DeclarationPenalty of PerjuryGrounds for DisqualificationBias and Prejudice
References
Case No. ADJ7601705
Regular
May 23, 2011

DAVID CHRISTOPOULOS vs. BIG O TIRES, SEQUOIA INSURANCE COMPANY

In this workers' compensation case, the applicant, David Christopoulos, filed a petition seeking disqualification of the workers' compensation administrative law judge (WCJ). The Workers' Compensation Appeals Board reviewed the petition and the WCJ's report. Finding no grounds for disqualification based on the provided record and the WCJ's reasoning, the Board issued an order denying the petition. Therefore, the WCJ remains on the case.

ChristopoulosBig O TiresSequoia InsuranceBroadspireCrawford CompanyADJ7601705Petition for DisqualificationWorkers' Compensation Appeals BoardWCJDenying Disqualification
References
Case No. ADJ6909770 ADJ6965468 ADJ7253924 ADJ7252123
Regular
Dec 03, 2010

SYLVIA SANTOS vs. GUARD MANAGEMENT, INC., INSURANCE COMPANY OF THE WEST

This case involves Sylvia Santos's petition for reconsideration after her request to disqualify the presiding workers' compensation judge was denied. The basis for her disqualification petition, and subsequently her reconsideration request, was her unsubstantiated allegation of ex parte communications between the judge and the opposing party. The Board denied reconsideration, finding that Santos failed to provide specific facts demonstrating actual bias or prejudice by the judge. Therefore, the matter will return to the trial calendar for further proceedings.

WORKERS' COMPENSATION APPEALS BOARDPETITION FOR RECONSIDERATIONDENIAL OF PETITIONDISQUALIFICATION OF JUDGEPRESIDING WORKERS' COMPENSATION ADMINISTRATIVE LAW JUDGEPWCJ REPORTORDER DENYING DISQUALIFICATIONVEXATIOUS LITIGANTEX PARTE COMMUNICATIONSBIAS
References
Case No. ADJ409820 ADJ1572678 ADJ3967299 ADJ349576
Regular
Dec 08, 2010

VELEDA BURTON vs. FEDERAL EXPRESS, permissibly self-insured; SEDGWICK CLAIMS SERVICES

In this workers' compensation case, the applicant, Veleda Burton, sought to disqualify the administrative law judge (WCJ) presiding over her five consolidated claims. The WCJ denied the petition, finding no stated grounds for disqualification and noting that the request was untimely as an automatic reassignment request. The Workers' Compensation Appeals Board (WCAB) adopted the WCJ's report, expressly incorporating its reasoning, and denied the petition for disqualification. The WCAB also concluded the request was untimely under California Code of Regulations, title 8, section 10453.

Petition for DisqualificationAdministrative Law JudgeReassignmentUntimely RequestCal. Code Regs. tit. 8 § 10453WCJ ReportDeniedFederal ExpressSedgwick Claims ServicesVeleda Burton
References
Case No. ADJ7553654, ADJ7550664
Regular
May 16, 2016

JOSE REYES vs. WESTERN LIGHTWAVE, AIG

The Workers' Compensation Appeals Board (WCAB) denied a petition for disqualification filed in the case of Jose Reyes v. Western Lightwave; AIG. The Board adopted the findings of the workers' compensation administrative law judge (WCJ) in its decision. While the WCAB denied the disqualification, it noted with concern allegations of unprofessional conduct by the applicant's former attorney and reminded all participants of their duty to act professionally.

Petition for DisqualificationWCJ ReportUnprofessional ConductUncivil ConductApplicant's AttorneyDuty to Act ProfessionallyCourteous ConductWorkers' Compensation Appeals BoardAdministrative Law JudgeDenied Order
References
Case No. ADJ11398920, ADJ10879061
Regular
Jan 17, 2020

DANIELA SCHMIDT vs. CONTRA COSTA COURT, JBWCP

The Workers' Compensation Appeals Board (WCAB) denied the applicant's Petition for Removal and Petition for Disqualification. The WCAB found that removal was not warranted as the applicant failed to demonstrate substantial prejudice or irreparable harm. Furthermore, the Petition for Disqualification was denied because it lacked specific factual allegations to support claims of judicial bias or an unqualified opinion by the WCJ. The WCAB also noted that discovery disputes were hindering the efficient resolution of the case.

Petition for RemovalPetition for DisqualificationWCJAppeals Boardsubstantial prejudiceirreparable harmreconsiderationgrounds for disqualificationCode of Civil Procedure section 641unqualified opinion
References
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