Updated Daily

Case Law Database

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

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

Case No. ADJ7493258, ADJ8597877, ADJ10987183

Regular

Feb 23, 2018

Barbara Nakatani vs. Coco's Restaurant, California Restaurant Mutual Benefit Corporation

The Appeals Board granted reconsideration and rescinded an order for sanctions against applicant's attorney, Ms. Otero, due to insufficient evidence and an appearance of bias by the WCJ. The Board disqualified the WCJ based on her lengthy past employment and personal relationship with Ms. Otero's firm, creating a reasonable doubt about her impartiality. Consequently, the cases are reassigned to a new WCJ for further proceedings.

Workers' Compensation Appeals BoardSanctionsPetition for ReconsiderationDisqualificationWCJ BiasAppearance of BiasDue ProcessFair HearingCode of Civil ProcedureLabor Code

References

Case No. ADJ6804554

Regular

Jul 08, 2014

MARIE DE LEON vs. AVON PRODUCTS, INC., TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board (WCAB) denied the defendant's petition for removal/disqualification. The petition was denied because it was filed after testimony had already been taken at trial, violating WCAB Rule 10452. Even if considered on its merits, the petition would have been denied as the WCJ's past, infrequent treatment by the applicant's doctor did not demonstrate bias. The WCJ disclosed the prior contact and asserted impartiality, which the Board found sufficient.

Petition for RemovalPetition for DisqualificationWCJReport and RecommendationJudicial EconomyRule 10452Swearing of First WitnessPetition for ReconsiderationCode of Civil Procedure Section 641Enmity

References

Case No. ADJ7952281

Regular

Oct 20, 2011

SERGIO CHAVEZ vs. LAKE COUNTY ELECTRIC SUPPLY, HARTFORD

Applicant Sergio Chavez, through his attorney, petitioned to disqualify Workers' Compensation Judge George R. Ferris, alleging bias stemming from an incident on September 1, 2011. The judge denied the petition, stating he would decide all cases based on evidence presented and that the incident would not prejudice the applicant or his attorney. The Workers' Compensation Appeals Board adopted the judge's report, finding no reason to doubt his impartiality and therefore denied the disqualification petition.

Petition for DisqualificationWCJAdministrative Law Judgeenmitybiasprejudicemandatory settlement conferencesevidenceimpartialityWorkers' Compensation Appeals Board

References

Case No. ADJ3271362 (LAO 0873186) ADJ665746 (MON 0351716) ADJ6595399

Regular

Jun 07, 2017

MARIA MONTALVO vs. FAA FIRST FEDERAL CREDIT UNION, OAK RIVER INSURANCE, BERKSHIRE HATHAWAY HOMESTATE COMPANY, EVEREST NATIONAL INSURANCE COMPNAY, AMERICAN CLAIMS

A lien claimant petitioned to disqualify the Workers' Compensation Judge (WCJ) because her husband previously represented a defendant in these matters for three years. The Appeals Board granted the petition, finding that the WCJ's husband's prior involvement creates an appearance of impropriety, regardless of his actual level of participation. This appearance of bias, coupled with the possibility that the husband could be a material witness, necessitates reassignment to another WCJ to ensure impartiality. The Board cited due process requirements and judicial ethics regarding the appearance of fairness in administrative proceedings.

Petition for DisqualificationWCJ impartialityappearance of improprietyspouse attorneymaterial witnessCanon 3Code of Judicial Ethicsdue processneutral decision makerprior representation

References

Case No. ADJ9139295

Regular

Sep 04, 2015

Arthur Parra vs. COUNTY OF STANISLAUS, YORK RISK SERVICES GROUP, INC.

The Workers' Compensation Appeals Board granted the County of Stanislaus's Petition for Removal because the Administrative Law Judge (WCJ) engaged in ex parte communication with the applicant during a recess. The WCJ's statements to the applicant expressing empathy and discussing the traumatic nature of the events created an appearance of impropriety and raised doubts about his impartiality. This conduct, particularly speaking about case facts off the record, violated due process principles requiring a neutral decision-maker. Consequently, the case was reassigned to a new WCJ to ensure a fair hearing.

Petition for RemovalAppearance of ImproprietyWCJ ImpartialityIndustrial InjuryPsyche InjuryGood Faith Personnel ActionLabor Code Section 3208.3(h)Declaration of Douglas C. SparksRecusal of WCJCode of Judicial Ethics

References

Case No. ADJ10531138

Regular

Mar 10, 2025

JOAN MARASON vs. QUALITY COMP. INC.; ATHENS ADMINISTRATORS

Lien claimant representative Alex Kauffman sought reconsideration of a WCJ's Findings and Order (F&O) which imposed monetary sanctions for disruptive and unprofessional conduct during a lien conference. Kauffman contended the F&O lacked adequate basis and did not reflect a review of the entire record. The Workers' Compensation Appeals Board granted reconsideration, rescinded the F&O, and returned the matter to the trial level for further proceedings. This decision was based on concerns that a reasonable person might doubt the WCJ's impartiality given the WCJ was a potential witness to the events leading to the sanctions.

ADJ10531138Alex KauffmanPetition for ReconsiderationMonetary SanctionsDisruptive ConductUnprofessional ConductLien ConferenceNotice of Intent to Impose SanctionsWCJ ImpartialityRescinded Order

References

Case No. ADJ16326594

Regular

Oct 31, 2025

Peter Pham vs. Southern California Edison

Defendant sought removal of a WCJ's December 12, 2023 Findings of Fact and Order (F&O), which denied their motion for a replacement Qualified Medical Evaluator (QME). The defendant argued that the applicant's email to the QME constituted impermissible ex parte contact. The Appeals Board granted the petition for removal, rescinding the F&O, and substituting new Findings of Fact that the email was indeed impermissible ex parte contact, thereby ordering a replacement QME panel. Additionally, while earlier QME reports and deposition testimony by Dr. Weiss remain in evidence, her report dated July 22, 2023, was stricken to preserve the appearance of impartiality in the medical evaluation process.

Ex parte contactQualified Medical EvaluatorRemoval petitionFindings of Fact and OrderLabor Code Section 4062.3Appearance of impartialityMedical evaluation processReplacement QME panelPsychiatric injuryStipulated facts

References

Case No. ADJ7363461

Regular

Nov 15, 2019

SALVADOR DE LA ROSA vs. DUNN EDWARDS PAINTS, MATRIX, OLD REPUBLIC, GALLAGHER BASSETT

The Workers' Compensation Appeals Board denied the applicant's petition to disqualify Administrative Law Judge (WCJ) Bather. The applicant failed to meet the procedural requirements of WCAB Rule 10453 for automatic reassignment, as no timely oral objection was made when the judge was assigned. Furthermore, the petition lacked the necessary detailed, verified factual allegations required by WCAB Rule 10452 and case law to establish grounds for disqualification based on bias. Therefore, the Board adopted the WCJ's report and denied the petition.

Petition for DisqualificationWCAB Rule 10453WCJ reassignmentMandatory Settlement ConferenceDeclaration under penalty of perjuryLabor Code section 5311Code of Civil Procedure section 641attorney biasimpartialityadministrative law judge

References

Case No. ADJ3636557

Regular

May 08, 2009

MARIA ANA PAREDES (Deceased) CARLOS ALFREDO ALVAREZ (Widower) vs. ANDROMEDA ENTERTAINMENT dba GALAXY BALLROOM, STATE COMPENSATION INSURANCE FUND

This case concerns a petition for reconsideration and removal challenging a Workers' Compensation Judge's (WCJ) decision denying sanctions for alleged improper ex parte communication. The Board denied reconsideration and dismissed removal, affirming the WCJ's finding that the communication between defense counsel and the panel QME was administrative, not substantive, and therefore not a violation of Labor Code section 4062.3. The Board found no basis for sanctions under Labor Code section 5813 as no party initiated an improper ex parte communication. Consequently, the WCJ's denial of the motion to strike the QME report and request for penalties was upheld.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalEx Parte CommunicationQualified Medical Evaluator (QME)Labor Code Section 4062.3SanctionsLabor Code Section 5813Panel QME ReportAdministrative Communication

References

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Updated Daily

Case Law Database

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

Case No. ADJ2294426 (MON 0193402)

Regular

Aug 09, 2019

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

Petition for DisqualificationWCJ JonesDavid BresslerPh.D.L.Ac.sustained ethics complaintappearance of biasWCAB Rule 10452Code of Civil Procedure Section 641due process

References

Case No. ADJ7493258, ADJ8597877, ADJ10987183

Regular

Feb 23, 2018

Barbara Nakatani vs. Coco's Restaurant, California Restaurant Mutual Benefit Corporation

Workers' Compensation Appeals BoardSanctionsPetition for ReconsiderationDisqualificationWCJ BiasAppearance of BiasDue ProcessFair HearingCode of Civil ProcedureLabor Code

References

Case No. ADJ6804554

Regular

Jul 08, 2014

MARIE DE LEON vs. AVON PRODUCTS, INC., TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

Petition for RemovalPetition for DisqualificationWCJReport and RecommendationJudicial EconomyRule 10452Swearing of First WitnessPetition for ReconsiderationCode of Civil Procedure Section 641Enmity

References

Case No. ADJ7952281

Regular

Oct 20, 2011

SERGIO CHAVEZ vs. LAKE COUNTY ELECTRIC SUPPLY, HARTFORD

Petition for DisqualificationWCJAdministrative Law Judgeenmitybiasprejudicemandatory settlement conferencesevidenceimpartialityWorkers' Compensation Appeals Board

References

Case No. ADJ3271362 (LAO 0873186) ADJ665746 (MON 0351716) ADJ6595399

Regular

Jun 07, 2017

MARIA MONTALVO vs. FAA FIRST FEDERAL CREDIT UNION, OAK RIVER INSURANCE, BERKSHIRE HATHAWAY HOMESTATE COMPANY, EVEREST NATIONAL INSURANCE COMPNAY, AMERICAN CLAIMS

Petition for DisqualificationWCJ impartialityappearance of improprietyspouse attorneymaterial witnessCanon 3Code of Judicial Ethicsdue processneutral decision makerprior representation

References

Case No. ADJ9139295

Regular

Sep 04, 2015

Arthur Parra vs. COUNTY OF STANISLAUS, YORK RISK SERVICES GROUP, INC.

References

Case No. ADJ10531138

Regular

Mar 10, 2025

JOAN MARASON vs. QUALITY COMP. INC.; ATHENS ADMINISTRATORS

ADJ10531138Alex KauffmanPetition for ReconsiderationMonetary SanctionsDisruptive ConductUnprofessional ConductLien ConferenceNotice of Intent to Impose SanctionsWCJ ImpartialityRescinded Order

References

Case No. ADJ16326594

Regular

Oct 31, 2025

Peter Pham vs. Southern California Edison

References

Case No. ADJ7363461

Regular

Nov 15, 2019

SALVADOR DE LA ROSA vs. DUNN EDWARDS PAINTS, MATRIX, OLD REPUBLIC, GALLAGHER BASSETT

References

Case No. ADJ3636557

Regular

May 08, 2009

MARIA ANA PAREDES (Deceased) CARLOS ALFREDO ALVAREZ (Widower) vs. ANDROMEDA ENTERTAINMENT dba GALAXY BALLROOM, STATE COMPENSATION INSURANCE FUND

References

Showing 1-10 of 43 results

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