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

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
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
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
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
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
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
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
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
Case No. ADJ7457608
Regular
Oct 18, 2011

CLARENCE MILES vs. KOHL'S DEPARTMENT STORES, INC., SEDGWICK CMS

This case involves a petition to disqualify a Workers' Compensation Administrative Law Judge (WCJ) due to alleged bias against the applicant's attorney. The applicant's attorney claimed the WCJ demonstrated enmity after a September 1, 2011 incident, which would prejudice his clients. The WCJ submitted a report stating that the incident would not affect his impartiality and that all decisions are based on evidence. The Workers' Compensation Appeals Board denied the petition, finding no reason to doubt the WCJ's assurance of fairness.

Petition for DisqualificationWCJ BiasAdministrative Law JudgeEnmityPrejudiceMandatory Settlement ConferenceReport and RecommendationWorkers' Compensation Appeals BoardEvidenceDay in Court
References
Case No. ADJ7961830
Regular
Oct 18, 2011

DEBORAH PEREZ vs. CRC ROOFING AND CHARTIS

This case involves applicant Deborah Perez's petition to disqualify Workers' Compensation Judge George R. Ferris. Applicant's attorney alleged bias stemming from an incident on September 1, 2011, claiming the judge harbored enmity that would prejudice his clients. Judge Ferris reported that the incident would not influence his decisions, which would be based solely on evidence presented. The Appeals Board adopted the judge's report, found no reason to doubt his impartiality, and denied the petition for disqualification.

Petition for DisqualificationWCJAdministrative Law Judgeenmitybiasprejudicemandatory settlement conferencesReport and Recommendationapplicant's attorneyevidence
References
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