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

Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
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. ADJ6861886
Regular
Feb 01, 2012

Tracy Huiras vs. Nestle USA, ACE AMERICAN INSURANCE COMPANY

This case involves a defendant's petition for reconsideration, disqualification, and removal concerning a WCJ's order compelling a claims adjuster to testify at a lien trial. The Appeals Board dismissed the petition for reconsideration as the order was not final. While the petition for disqualification was denied due to insufficient evidence of bias, the petition for removal was granted. The Board rescinded the WCJ's order compelling witness testimony, as the lien claimant bears the burden of proof and must produce their own witnesses.

WCABRemovalDisqualificationMandatory Settlement ConferenceWCJLien ClaimClaims AdjusterPetition for ReconsiderationPetition for DisqualificationPetition for Removal
References
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
Case No. ADJ2957106 (VNO 0541600)
Regular
Feb 11, 2014

GLENWOOD KIRBY BUSCHMAN vs. GARY D. DAVIS, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed the applicant's Petition for Disqualification of WCJ George Ferris. The Board found the petition to be successive, as it repeated previously denied claims, and moot because the WCJ has retired. Therefore, no further appeal regarding this disqualification is available before the Board.

Petition for DisqualificationSuccessive PetitionMoot PetitionWCJPresiding WCJWorkers' Compensation Appeals BoardAutomatic ReassignmentDenied PetitionCrowe Glass Co.Industrial Accident Commission
References
Case No. ADJ15136580
Regular
May 09, 2025

Neal Newton vs. Rudgear Logistics, LLC.; Falls Lake Fire & Casualty

Applicant Neal Newton filed a petition to disqualify the trial Workers' Compensation Administrative Law Judge (WCJ), alleging bias and the expression of unqualified opinions during hearings. The applicant contended the WCJ belittled his personal physician, questioned his intelligence, and demonstrated bias against his video evidence. Despite the WCJ denying actual bias, the Workers' Compensation Appeals Board found an 'appearance of bias' sufficient to warrant disqualification, particularly noting the WCJ's characterization of applicant's documents without full review. Consequently, the Board granted the petition, disqualified the assigned WCJ, and ordered the case reassigned to a new WCJ.

Petition for DisqualificationWorkers' Compensation Appeals BoardWCJAppearance of BiasMandatory Settlement ConferenceDeclaration of Readiness to ProceedQualified Medical EvaluatorEvidence DisputeMed-Legal EvaluationCode of Civil Procedure
References
Case No. ADJ8070046, ADJ10519001
Regular
Jun 11, 2018

LASHAWN WILLIAMS vs. LOS ANGELES UNIFIED SCHOOL DISTRICT

This case involved sanctions imposed on applicant's attorney for verbally abusing opposing counsel. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, reducing the sanctions from $750 to $500 because the WCJ improperly cited prior misconduct not included in the notice. The WCAB affirmed the award of $193.75 in costs, finding it reasonable for defense counsel's time spent addressing the incident. The attorney's petition for disqualification of the WCJ was denied, as the allegations were untimely, unsubstantiated, and based on general adverse rulings rather than actual bias.

Workers' Compensation Appeals BoardSanctionsReconsiderationDisqualificationWCJApplicant's CounselDefense CounselMandatory Settlement ConferenceVerbal AbuseCosts
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. 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. 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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