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

Case No. ADJ10302037
Regular
Apr 19, 2017

HORACE WILLIAMS vs. ALAMEDA COUNTY, YORK RISK SERVICES

The applicant, Horace Williams, filed a Petition to Disqualify Judge Christopher Miller prior to an expedited hearing. Following this petition, the case was reassigned to a different judge, Stanley Shields. Consequently, the Appeals Board dismissed the applicant's petition as moot due to the reassignment of the judge. The Board's order reflects that the disqualification petition is therefore dismissed.

Petition to DisqualifyWCJReassignmentMootDismissedExpedited HearingRemovalWorkers' Compensation Appeals BoardAdministrative Law JudgeOakland District Office
References
0
Case No. SBR 0271963; SBR 0247442; SBR 0247444; SBR 0247445; VNO 0299465; LAO 0761513; LAO 0761514; LAO 0761515; LAO 0761516; LAO 0761517; LAO 0761518; LAO 0761519; LAO 0761520; LAO 0761521; LAO 0761522; LAO 0761523; LAO 0761524; LAO 0761525; LAO 0761526; LAO 0761527; LAO 0761528; LAO 0761529; LAO 0761530
Regular
Dec 10, 2007

EDAR Y. ROGLER vs. LAW OFFICES OF ROBERT E. JOHNSON; STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed an attorney's petition seeking to remove or disqualify Judge Kacey Joseph Keating from presiding over her cases. The WCAB found the petition for removal procedurally improper and the petition for automatic reassignment untimely, as prior hearings involving the judge had occurred. Furthermore, the WCAB denied the disqualification petition because the applicant failed to provide legally sufficient grounds or a required affidavit.

WCABPetition for RemovalPetition for Automatic ReassignmentPetition for DisqualificationWCJLabor Code Section 5311WCAB Rule 10453WCAB Rule 10452Code of Civil Procedure Section 641Attorney Applicant
References
0
Case No. ADJ997412 (LAO 0813526)
Regular
Oct 25, 2010

PATRICIA ANN HAYES vs. ALBERTSONS, SPECIALTY RISK SERVICES

This case concerns the applicant's petition for reconsideration and removal of a Workers' Compensation Appeals Board (WCAB) decision. The WCAB dismissed the reconsideration petition, finding the prior order was not final. However, they granted the removal petition, rescinded the prior order, and returned the case to the trial level for further proceedings. The WCAB found the trial judge's decision to order additional medical evaluations was premature without establishing a deficiency in the existing medical record. Finally, the applicant's petition to disqualify the trial judge was denied, as the judge's actions were not deemed to reflect a prejudgment of the case's merits.

AOE/COEfibromyalgiapsychiatric injuryorthopedic injuryAgreed Medical Examinerpetition for reconsiderationpetition for disqualificationpetition for removalFindings and Ordersdiscovery order
References
7
Case No. ADJ10664643
Regular
Jul 17, 2017

,\n GARY MCCLELLAN, vs. ,\n AMC FRAMING & CONSTRUCTION; ,\n BENCHMARK INSURANCE,

The Workers' Compensation Appeals Board dismissed the Applicant's Petition for Reconsideration because it was filed against a non-final order resolving only an interlocutory procedural issue. The Board also denied the Applicant's Petition for Removal, finding no evidence of substantial prejudice or irreparable harm, and that reconsideration would be an adequate remedy if a final adverse decision occurs. The Applicant's attempt to disqualify the judge was not considered as it was not filed as a separate petition. Therefore, the petitions were dismissed and denied respectively.

Petition for ReconsiderationPetition for RemovalFinal OrderInterlocutory DecisionSubstantive RightThreshold IssueExtraordinary RemedySubstantial PrejudiceIrreparable HarmDisqualification of WCJ
References
6
Case No. ADJ11351216
Regular
Feb 14, 2020

SARA CREIGHTON vs. BEVERLY HOSPITAL

This case involved a defendant's petition for removal and reconsideration, treated as a disqualification petition. The Workers' Compensation Appeals Board (WCAB) denied the petition, finding the prior WCJ decision on employment was final, but applied the removal standard for the interlocutory issue of the case being taken off calendar. The Board found no significant prejudice or irreparable harm would result from denying removal. Furthermore, the petition for disqualification lacked specific factual allegations to support claims of WCJ bias, and the Board reiterated that judicial expressions of opinion or adverse rulings do not constitute disqualifying bias.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for DisqualificationRemovalThreshold IssueInterlocutory IssueEmploymentStatute of LimitationsBiasPrejudice
References
10
Case No. ADJ9341119, ADJ9340152
Regular
Jul 21, 2015

ROBERT BOYD (Deceased), JANICE BOYD vs. KELLY SERVICES, ESIS, TRAVELERS INSURANCE COMPANIES

This order dismisses a petition for reconsideration and denies a petition for removal. The Workers' Compensation Appeals Board found the underlying decision was an interim procedural order, not a final determination of substantive rights or liabilities, thus disqualifying it from reconsideration. The Board also denied removal, finding no showing of substantial prejudice or irreparable harm, and admonished the petitioner's counsel for filing a petition from a non-final order. This action highlights the distinction between final decisions and interlocutory orders in workers' compensation proceedings.

Petition for ReconsiderationPetition for RemovalFinal OrderInterlocutory OrderSubstantive RightThreshold IssueExtraordinary RemedySubstantial PrejudiceIrreparable HarmAdequacy of Reconsideration
References
6
Case No. ADJ10280648
Regular
Sep 23, 2019

MICHAEL BIANCHI vs. FREDRICK NEWHALL WOODS TRUST; IRENE SUGANO, TRUSTEE

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal regarding the judge's order allowing CBS News to film a hearing. The Board found no substantial prejudice or irreparable harm to justify this extraordinary remedy, and that reconsideration would be adequate. The defendant's separate Petition to Disqualify the judge based on alleged bias was also denied, with the Board agreeing with the judge's recommendation. Ultimately, both petitions were denied based on the Workers' Compensation Judge's reports.

Petition for RemovalPetition for DisqualificationWorkers' Compensation Appeals BoardWCJfilming hearingCBS Newsirreparable harmsubstantial prejudicedisqualify WCJattorney Dominique Banos
References
1
Case No. ADJ1150041 (FRE 0244995)
Regular
Apr 23, 2012

JAMES CARTER (Deceased) EVELYN CARTER (Widow) vs. SUBURBAN STEEL, INC.; FRESNO FAB TECH; REM; and CIGA for SUPERIOR NATIONAL INSURANCE COMPANY, in liquidation

The Applicant seeks reconsideration of the denial of her deceased husband's workers' compensation claim, arguing that the medical evidence is insufficient and biased. The Appeals Board dismissed her petition, finding it to be a successive petition challenging a prior denial, which is not permitted. Furthermore, her petition for removal to disqualify the judge was dismissed for failing to meet procedural requirements. The Board upheld the original finding that the cancer and death did not arise out of employment, relying on the well-reasoned medical opinion of Dr. O'Neill.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalSuccessive petitionsWrit of reviewCourt of AppealsDisqualification of WCJRule 10452Cancer and deathWelding
References
3
Case No. POM 0216385
Regular
Jul 18, 2007

JEN-KANG YANG vs. UNION BANK OF CALIFORNIA, ZURICH AMERICAN INSURANCE CO.

The Workers' Compensation Appeals Board denied the applicant's petition to disqualify Judge Slucter and for automatic reassignment. The Board found that the applicant's petition for disqualification lacked the required affidavit and did not cite statutory grounds applicable to workers' compensation proceedings. The petition for automatic reassignment was denied as untimely because the applicant did not exercise the right at the mandatory settlement conference.

Workers Compensation Appeals BoardPetition for DisqualificationPetition for Automatic ReassignmentLabor Code Section 5311WCAB Rule 10453Code of Civil Procedure Sections 170.1 and 170.6Administrative Law Judge (WCJ)Industrial InjuryPsycheStress
References
0
Case No. ADJ7557927
Regular
May 08, 2012

AJ SCROGGINS vs. WORLD COLOR, TRAVELERS

The Workers' Compensation Appeals Board dismissed the defendant's petitions for reconsideration and removal as untimely. The defendant filed both petitions 26 days after the Amended Findings, Award, and Order were served by mail, exceeding the 20-day statutory limit plus the additional five days for mail service. The Appeals Board also noted that even if the petitions were timely, they would have been denied on the merits based on the WCJ's report. The defendant's request to disqualify the Administrative Law Judge was also dismissed as untimely.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalAmended Findings Award and OrderIndustrial InjuryTemporary DisabilityMedical TreatmentImpeach Applicant TestimonySub Rosa Video EvidenceExclusion of Evidence
References
4
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