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

Case No. ADJ7027968; ADJ5681902; ADJ7028675
Regular
May 15, 2013

SATBIR SINGH vs. CARDINAL FREIGHT FLEET, CLARENDON NATIONAL, SATBIR SINGH dba SS DELIVERY, VAN LINER INSURANCE COMPANY

This Workers' Compensation Appeals Board order denies a Petition for Removal. The Board found no substantial prejudice or irreparable harm to the defendant, as exhibits have not yet been admitted into evidence. Furthermore, the defendant failed to comply with procedural requirements for seeking disqualification of the workers' compensation judge. The Board found no evidence of enmity or bias by the judge.

Petition for RemovalWorkers' Compensation Appeals BoardWCJsubstantial prejudiceirreparable harmadmissibility of exhibitsdisqualificationLabor Code section 5311WCAB Rule 10452enmity
References
0
Case No. ADJ7811956
Regular
Oct 18, 2011

LORI BOZZO vs. SAVEMART, PEGASUS

Applicant petitioned for disqualification of the WCJ, alleging enmity and bias from the attorney due to an incident on September 1, 2011. The WCJ's report stated the incident would not prejudice the attorney or clients, and all decisions are based on evidence. The Appeals Board adopted the WCJ's report, finding no reason to doubt the absence of bias. Therefore, the petition for disqualification was denied.

Petition for DisqualificationWorkers' Compensation Appeals BoardAdministrative Law Judgeenmity or biasmandatory settlement conferencesReport and Recommendationevidence presentedday in Courtno bias or enmityDENIED
References
0
Case No. ADJ7028627
Regular
Oct 18, 2011

STEVE WINELAND vs. FURNITURE DESIGN CENTER AND FIRST COMP.

The Applicant petitioned to disqualify the Workers' Compensation Administrative Law Judge (WCJ) due to alleged enmity or bias against his attorney following an incident on September 1, 2011. The WCJ stated that the incident would not affect his impartiality and all decisions would be based on presented evidence. The Appeals Board adopted the WCJ's report, finding no reason to doubt his impartiality. Consequently, the petition for disqualification was denied.

Petition for DisqualificationWCJ BiasAdministrative Law JudgeMandatory Settlement ConferencesEnmityPrejudiceEvidence-Based DecisionsReport and RecommendationWorkers' Compensation Appeals BoardApplicant's Attorney
References
0
Case No. ADJ5751441
Regular
Oct 18, 2011

CYNTHIA ROSE (KEEN) vs. MENDOCINO UNIFIED SCHOOL DISTRICT, KEENAN AND ASSOCIATES

Here's a summary for a lawyer: Applicant sought to disqualify the Workers' Compensation Judge (WCJ) based on alleged enmity and bias against her attorney stemming from a September 1, 2011 incident. The WCJ responded by stating that all decisions are based on evidence and he will conduct hearings fairly. The Appeals Board adopted the WCJ's report, finding no reason to doubt his impartiality, and therefore denied the disqualification petition.

Petition for DisqualificationWCJenmitybiasmandatory settlement conferencesReport and Recommendationevidencelitigantsday in CourtWorkers' Compensation Appeals Board
References
0
Case No. ADJ7232720
Regular
Oct 20, 2011

PATRICIA OTTERSON vs. NCPH AT THE WOODS, SPECIALTY RISK SERVICES

The applicant sought to disqualify the Workers' Compensation Administrative Law Judge (WCJ) based on alleged enmity and bias against her attorney stemming from a past incident. The WCJ, in his report, explicitly stated that the incident would not prejudice the applicant or her attorney and that all decisions would be based solely on presented evidence. The Appeals Board reviewed the record and found no reason to doubt the WCJ's assurances of impartiality. Consequently, the petition for disqualification was denied.

Petition for DisqualificationWorkers' Compensation Appeals BoardWCJGeorge R. FerrisRobert A. Fowlerenmitybiasprejudicemandatory settlement conferencesReport and Recommendation
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. ADJ4237156
Regular
Nov 15, 2011

CON HOWE vs. AMERIGAS by SPECIALTY RISK SERVICES

This case involves an applicant's petition to disqualify a Workers' Compensation Administrative Law Judge (WCJ) due to alleged bias stemming from a prior incident. The applicant's attorney claimed the WCJ harbored enmity and would prejudice his clients. The WCJ, in his report, stated the incident would not affect his impartiality and all cases are decided on evidence. The Appeals Board adopted the WCJ's report and denied the disqualification petition, finding no reason to doubt the WCJ's impartiality.

Petition for DisqualificationWCJ BiasEnmityMandatory Settlement ConferencesReport and RecommendationEvidence-based DecisionWorkers' Compensation Appeals BoardAdministrative Law JudgeApplicant's AttorneyCase ADJ4237156
References
0
Case No. ADJ7624426; ADJ8657421
Regular
Jun 18, 2013

NATHALIE AMEZQUITA vs. SCOTT ZIEHL an Individual, Co-Partner dba JEWELRY, Liquidation USA

The applicant petitioned for disqualification of WCJ Richard Shapiro, alleging enmity and prejudgment. The applicant's counsel stated the WCJ declared the applicant would "take nothing" and was "a liar" before trial. The WCJ did not deny these statements, suggesting they were to facilitate settlement and noting concerns about applicant's attorney's tactics. The Appeals Board granted the disqualification petition, finding the WCJ's statements demonstrated bias or the appearance of bias, and returned the case for reassignment to a new WCJ.

Petition for DisqualificationWorkers' Compensation Administrative Law Judgeenmityformed opinionprejudicedtake nothingliarinformal resolutionappearance of biasreassignment
References
0
Case No. ADJ8583264, ADJ8583294
Regular
Aug 01, 2019

MARICELA MACEDO vs. KINGSBURG APPLE PACKERS, INC., ZENITH INSURANCE

Here's a concise summary for a lawyer: The Workers' Compensation Appeals Board denied a lien claimant's petition to disqualify the judge. The claimant alleged bias based on the judge's statements regarding late-filed exhibits and a violation of due process for not admitting their trial exhibits. The Board found no evidence of an unqualified opinion or enmity sufficient for disqualification. Furthermore, the issue of exhibit admissibility was deemed premature as the judge had not yet made a decision.

Lien claimantDisqualificationWCJDue processTrial exhibitsPre-trial ordersEx parte communicationPetition for reconsiderationOrder vacating submissionLabor Code section 4622
References
0
Case No. SAU2545427
Regular
Aug 09, 2019

YOLANDA SABLAN vs. COUNTY OF LOS ANGELES, ACCLAMATION SANTA CLARITA

Lien claimants sought to disqualify the workers' compensation judge, alleging bias and prejudgment of the case. The appeals board denied the petition, finding the claimants failed to provide objective evidence of bias. The board noted the judge's actions, such as continuing the matter to allow for proper notice, did not demonstrate enmity or prejudgment. Furthermore, the judge's statements in his report were deemed proper expressions of opinion within his official duties and not grounds for disqualification.

Petition for DisqualificationWCJLien ClaimantsWCAB Rule 10452Labor Code Section 5311Code of Civil Procedure Section 641Report and RecommendationDeclarationMandatory Settlement ConferencePetition to Vacate
References
38
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