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

Case No. ADJ7673518, ADJ7647749
Regular
Jan 23, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION / CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the applicant sustained industrial injury to her neck. While the applicant testified to injuring her neck in a workplace incident and this was partially corroborated, the Board found insufficient evidence for other claimed injuries. The Board specifically disagreed with the administrative law judge's credibility assessment concerning the neck injury itself, relying on medical reports and testimony supporting the neck injury claim. The Board affirmed the denial of claims for all other alleged injuries, finding insufficient medical evidence to link them to the incident.

Petition for ReconsiderationFindings and OrderIndustrial InjuryNeck InjuryBack InjurySpine InjuryUpper ExtremitiesPsycheGastroesophageal SystemInternal System
References
Case No. ADJ4055531 (OXN 0137643) ADJ1549173 (OXN 0131530) ADJ2511069 (OXN 0139174)
Regular
May 09, 2012

DAWN MESSI vs. STEPHEN MITNICK, STATE FARM FIRE & CASUALTY, CUNNINGHAM & LANDSEN, STATE COMPENSATION INSURANCE FUND, VAN SICKLE & ROWLEY, EMPLOYERS COMPENSATION INSURANCE COMPANY

Attorney M. Francesca Hannan petitioned for the disqualification of WCJ Morgan, alleging a conspiracy among Oxnard District Office WCJs to dismiss her clients' liens and sanction her due to her medical issues. The Appeals Board denied the petition, finding it untimely and unsupported by sufficient factual evidence. Hannan failed to provide timely declarations from alleged witnesses to substantiate her claims of bias and conspiracy. Therefore, the case is returned to the trial level without the disqualification of WCJ Morgan.

Workers' Compensation Appeals BoardPetition for DisqualificationAdministrative Law JudgeBiasSanctionsLiensCompromise and ReleaseReconsiderationADA accommodationTimeliness
References
Case No. ADJ10425439, ADJ10362487
Regular
Sep 14, 2017

KIM PONCE vs. APPLE AMERICAN GROUP; ESIS

This case involves a petition for removal and disqualification of a Workers' Compensation Administrative Law Judge (WCJ). The Workers' Compensation Appeals Board denied the petition, upholding the WCJ's decision. The board reiterated that allegations of bias must be specific and supported by facts, not mere conclusions. Expressions of opinion by a WCJ based on evidence and legal interpretation do not constitute disqualifying bias, nor do unfavorable rulings.

Petition for Removal and DisqualificationWCJ disqualificationaffidavit of prejudicejudicial biaslegal issue opinionfactual issue opinionevidence presentationcase law applicationjudicial temperamenterroneous rulings
References
Case No. ADJ6905239
Regular
Oct 07, 2025

ROBERT GARRISON vs. UNIVERSITY OF CALIFORNIA LOS ANGELES, SEDGWICK CMS

The applicant filed a petition seeking to disqualify a Workers' Compensation Administrative Law Judge (WCJ) due to alleged bias. The Workers' Compensation Appeals Board (WCAB) reviewed the petition, along with the WCJ's Report and Recommendation. The Board determined that the petition did not establish valid grounds for disqualification under Labor Code section 5311 and Code of Civil Procedure section 641, citing that expressions of opinion in official duties or erroneous rulings do not constitute bias. Consequently, the WCAB denied the applicant's petition for disqualification.

Petition for DisqualificationWorkers' Compensation Appeals BoardWCJ BiasLabor Code 5311Code of Civil Procedure 641Unqualified OpinionState of Mind Evincing EnmityWCAB Rule 10960Affidavit or DeclarationTimely Filing
References
Case No. ADJ13431115
Regular
Oct 21, 2025

GEORGE AUSTIN vs. BALANCE STAFFING, INC.; XL INSURANCE, administered by GALLAGHER BASSETT

Applicant sought disqualification of the workers' compensation administrative law judge (WCJ) based on allegations of general bias. The Appeals Board reviewed the Petition for Disqualification and the WCJ's Report and Recommendation. Based on their review, the Board denied the petition, concluding that the allegations did not meet the grounds for disqualification. The applicant was also admonished about the potential for vexatious litigant proceedings if their conduct persists.

Petition for DisqualificationWCJ BiasLabor Code 5311Code of Civil Procedure 641Unqualified OpinionEnmity or BiasWCAB Rule 10960Affidavit or DeclarationTimely FilingJudicial Bias
References
Case No. ADJ13196307; ADJ13196308; ADJ13196309; ADJ4394404
Regular
Sep 23, 2022

VELEDA BURTON vs. SEE'S CANDIES, TRAVELERS PROPERTY CASUALTY CO. OF AMERICA

The Workers' Compensation Appeals Board denied the Applicant's Petitions for Removal, finding that she failed to demonstrate substantial prejudice or irreparable harm, and that reconsideration would be an adequate remedy. The Board also denied a successive petition for removal, as the issues had already been decided. Furthermore, the Petition for Disqualification was denied for lacking specific factual allegations required to establish bias or prejudice on the part of the Workers' Compensation Judge.

Petition for RemovalPetition for DisqualificationWCABWCJextraordinary remedysubstantial prejudiceirreparable harmsuccessive petitionLabor Code section 5311Code of Civil Procedure section 641
References
Case No. ADJ7981413; ADJ2876358
Regular
Jun 03, 2025

LORI WILLIAMS vs. WEBCOR BUILDERS, ZURICH NORTH AMERICA

Applicant Lori Williams filed a petition to disqualify WCJ Elizabeth Dehn, alleging bias due to inexperience, ignored medical treatment requests, and lack of penalties. The Workers' Compensation Appeals Board (WCAB) considered the petition and the WCJ's report. The WCAB, adopting the WCJ's report, denied the petition, citing that the petition lacked detailed facts under penalty of perjury as required by WCAB Rule 10960 and failed to establish grounds for disqualification under Labor Code section 5311 and Code of Civil Procedure section 641(f) and (g). The WCJ stated that no rulings were made on medical treatment or penalties during the status conference, and denied any bias.

Petition for DisqualificationWCJ DisqualificationLabor Code 5311Code of Civil Procedure 641BiasEnmityUnqualified OpinionAffidavitsDeclaration Under Penalty of PerjuryVerified Allegations
References
Case No. ADJ485759 (VNO 0432097), ADJ1649980 (VNO 0418744), ADJ4677394 (VNO 0489134), ADJ2693882 (VNO 0489135)
Regular
May 09, 2012

WALTER CRABTREE vs. M.R. AUTOMOTIVE, CIGA, Administered by INTERCARE INSURANCE SERVICES, INC., for HIH AMERICA COMPENSATION in Liquidation

This case involves a petition for disqualification of a Workers' Compensation Judge (WCJ) filed by attorney M. Francesca Hannan. Hannan alleged that WCJ Edelberg, along with two other WCJs, conspired to penalize her for delays caused by her medical condition. The Appeals Board denied the petition, finding Hannan's allegations lacked specific facts and were untimely filed. Hannan failed to provide sufficient evidence, including required witness declarations, to support her claims of bias.

WCABPetition for disqualificationWCJLien claimantM.R. AutomotiveCIGAHannanWestlake SpineImperial Lien SolutionsDisqualification of judge
References
Case No. ADJ1665952
Regular
Aug 09, 2010

RAUL YANEZ vs. 99 CENT ONLY STORE, YORK RIVERSIDE

The Workers' Compensation Appeals Board granted removal and amended a WCJ's order, requiring defendants to provide all medical reports in their possession to a lien claimant, not just those they intend to rely on. The Board also struck a requirement for the lien claimant to prove market rate for interpreters, deeming it outside the scope of the WCJ's initial order. Finally, the Board found no evidence of bias by the WCJ based on the record presented by the lien claimant. The case was returned for further proceedings consistent with this decision.

RemovalLien ClaimantMedical ReportsWCJ OrderMarket RateInterpreter CertificationBiasDue ProcessAdministrative Law JudgeWorkers' Compensation Appeals Board
References
Case No. ADJ13220428; ADJ11736712
Regular
Sep 24, 2025

MATTHEW BAILEY vs. HOTLINE ELECTRICAL CONTRACTOR INC.

The Workers' Compensation Appeals Board (WCAB) denied Matthew Bailey's petition to disqualify the administrative law judge (WCJ). The petition alleged the WCJ was considering sanctions for the applicant's attorney's trial absence due to a calendar conflict and had advised accepting a settlement. The WCAB found the allegations lacked specific facts and did not demonstrate bias or an unqualified opinion on the merits, consistent with legal standards for disqualification. The applicant's attorney was admonished for failing to provide adequate facts and for not promptly notifying the court of calendar conflicts.

Petition for DisqualificationWCJCalendar ConflictSettlement OfferLabor Code Section 5311Code of Civil Procedure Section 641BiasEnmityAffidavitDeclaration
References
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