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

Case No. ADJ8217179
Regular
Jun 18, 2012

CYNTHIA BRUNNEMER vs. DFA OF CALIFORNIA, LIBERTY MUTUAL

Applicant's attorney filed a petition that was initially miscaptioned as a "Petition for Disqualification," causing confusion for the Workers' Compensation Judge. The applicant later amended the petition to clarify it sought only an "automatic reassignment" (peremptory challenge) of the judge, not disqualification. The Appeals Board dismissed the disqualification portion and remanded the reassignment petition for determination by the presiding judge or a designee. The Board cautioned the attorney about the wasted time and resources due to the imprecise initial filing.

Petition for DisqualificationAutomatic ReassignmentWCJWCAB Rule 10453WCAB Rule 10452Peremptory ChallengePresiding WCJReport and RecommendationLab. Code § 5311Cal. Code Regs. tit. 8 § 10452
References
5
Case No. ADJ7393344
Regular
Jun 19, 2012

CONNIE WHITTED vs. DHL ENTERPRISES LLC BRIGHT STAR HEALTH CARE, CHARTIS

This case concerns a petition initially filed as a "Petition for Disqualification and Reassignment," which was later amended to solely seek automatic reassignment of the judge under WCAB Rule 10453. The Appeals Board dismissed the disqualification aspect, attributing the confusion to the applicant's attorney's imprecise captioning. While the petition for automatic reassignment is remanded for determination by the presiding judge, the Board notes it was filed before a trial or expedited hearing, making its denial likely. The Board cautioned the attorney about wasted resources and the potential for future sanctions due to careless pleading.

WCAB Rule 10453WCAB Rule 10452peremptory challengedisqualificationautomatic reassignmentpresiding judgePetition for Disqualificationamended petitionJudge Brigham JonesReport and Recommendation
References
6
Case No. ADJ944426(VNO 0538295); ADJ7895528
Regular
Jul 03, 2012

DANIEL BELLING vs. UNITED PARCEL SERVICE, LIBERTY MUTUAL INSURANCE

Applicant's attorney sent a letter to the judge expressing concern about receiving a "fair shake" in discovery proceedings, which the judge construed as a Petition for Disqualification. However, the applicant's attorney subsequently clarified they did not intend to file such a petition. The Appeals Board dismissed the letter, deeming it insufficient to establish grounds for disqualification. The judge's report detailed the procedural history and found no bias, noting the letter lacked specific facts to support disqualification.

Petition for DisqualificationLabor Code section 5311WCJStatus ConferenceDiscovery proceedingsPetition for RemovalDeclaration of Readiness to ProceedPriority ConferenceAOE/COEMotion to Quash Deposition
References
0
Case No. ADJ319279 (MON 0358792), ADJ3055294 (MON 0361854)
Regular
Apr 11, 2022

TROY WHITETO vs. LONG BEACH TRANSIT, TRISTAR RISK MANAGEMENT

The Workers' Compensation Appeals Board (WCAB) denied the applicant's petition for disqualification of Workers' Compensation Judge Elena B. Jackson. The petition was unverified and lacked specific allegations of bias against Judge Jackson, instead relying on the applicant's unsupported assertion of an "appearance of bias." The WCAB found no grounds for disqualification under Labor Code section 5311, reasoning that allowing disqualification based solely on criticism would enable any party to remove a judge without factual basis. Therefore, the petition was denied.

WCABPetition for DisqualificationWCJ Elena B. JacksonAppearance of BiasWCAB Rule 10844Labor Code Section 5311Independent Medical EvaluatorsReconsideration/RemovalUnverified PetitionMcDuffie v. Los Angeles County Metropolitan Transit Authority
References
1
Case No. ADJ2294426 (MON 0193402)
Regular
Aug 09, 2019

SONA SIMONIAN vs. COUNTY OF LOS ANGELES, TRISTAR SERVICES GROUP

The Workers' Compensation Appeals Board granted a petition to disqualify Judge Yvonne Jones based on the appearance of bias. This was due to a sustained ethics complaint filed by lien claimant David Bressler, Ph.D., L.Ac., against Judge Jones concerning her conduct in this specific case. While Judge Jones asserted she could remain impartial, the Board found that a reasonable person could doubt her impartiality given the sustained ethics violation. The disqualification applies only to this case, and the matter will be reassigned.

Petition for DisqualificationWCJ JonesDavid BresslerPh.D.L.Ac.sustained ethics complaintappearance of biasWCAB Rule 10452Code of Civil Procedure Section 641due process
References
3
Case No. BGN 63300; BGN 63301 BGN 63302; BGN 63303
Regular
Mar 06, 2008

HARDISTENE HOWARD vs. SOUTHERN CALIFORNIA, RTD; TRAVELERS

The applicant filed a "Petition the Court for Judge Dismissal" alleging a violation of Labor Code section 5312 by the Workers' Compensation Judge. The Board treated this as a petition for disqualification, but dismissed it because it lacked the required affidavit of disqualification and did not state grounds for disqualification under Code of Civil Procedure section 641.

Petition for disqualificationLabor Code section 5311Petition for removalLabor Code section 5310WCAB Rule 10452Mandatory settlement conferenceWCJWorkers' Compensation Appeals BoardUnrepresented applicantProof of service
References
0
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
0
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
0
Case No. ADJ8009847; ADJ8386217
Regular
May 12, 2016

FAIZAH DEAN vs. SOUTHERN CALIFORNIA EDISON

The Workers' Compensation Appeals Board denied the applicant's Petition for Disqualification of the Workers' Compensation Judge. The Board adopted the judge's report and recommendation, finding no basis for disqualification. Furthermore, the applicant's petition was not verified and lacked the necessary declaration or affidavit. Therefore, the petition was denied.

Petition for DisqualificationWorkers' Compensation Appeals BoardWorkers' Compensation Administrative Law JudgeLabor Code Section 132aLabor Code Section 3208.3Labor Code Section 3201.5Mandatory Settlement ConferenceBifurcationAffirmative DefensePersonnel Action
References
0
Case No. 07-08-0388-CV
Regular Panel Decision
Nov 16, 2009

Elizabeth Overstreet v. Judge Bradley S. Underwood, Individually and in His Capacity as Judge of the 364th Judicial District, Lubbock County, Texas

Elizabeth Overstreet appealed the trial court's decision regarding her employment termination and defamation claims against Judge Bradley Underwood. Overstreet, a Court Coordinator for the 364th District Court, was terminated after reporting an incident of inappropriate touching and subsequently not returning to her position. She filed complaints with the Texas Workforce Commission-Civil Rights Division, alleging sex discrimination and retaliation. The Court of Appeals reviewed whether the lawsuit was timely filed under the Texas Labor Code and considered the defamation claim. The court concluded that Overstreet's suit was not timely filed, as the first right-to-sue notice was controlling, and affirmed the trial court's decision to grant summary judgment on the defamation claim, finding no defamatory statement was published.

Employment TerminationRetaliation ClaimDefamation LawsuitSummary Judgment AppealJurisdictional PleaStatute of LimitationsTexas Labor CodeCivil Rights ActCourt CoordinatorJudicial Capacity
References
11
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