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

Case No. ADJ7393344
Regular
Jun 19, 2012

CONNIE WHITTED vs. DHL ENTERPRISES LLC BRIGHT STAR HEALTH CARE, CHARTIS

This case concerns a petition initially filed as a "Petition for Disqualification and Reassignment," which was later amended to solely seek automatic reassignment of the judge under WCAB Rule 10453. The Appeals Board dismissed the disqualification aspect, attributing the confusion to the applicant's attorney's imprecise captioning. While the petition for automatic reassignment is remanded for determination by the presiding judge, the Board notes it was filed before a trial or expedited hearing, making its denial likely. The Board cautioned the attorney about wasted resources and the potential for future sanctions due to careless pleading.

WCAB Rule 10453WCAB Rule 10452peremptory challengedisqualificationautomatic reassignmentpresiding judgePetition for Disqualificationamended petitionJudge Brigham JonesReport and Recommendation
References
6
Case No. ADJ2703329 (OAK 0339383)
Regular
Oct 01, 2008

LUZVIMINDA U. SENAS vs. EBMUD and SEDGWICK CLAIMS MANAGEMENT, US Bank and Travelers

The applicant, Luzviminda U. Senas, filed petitions to disqualify Judge Valerie M. Sauban and for automatic reassignment, alleging bias and prejudice. The Workers' Compensation Appeals Board denied both petitions, finding no evidence of bias in the judge's past rulings and noting that the reassignment petition was premature as the case was not yet set for trial. The Board concluded that the judge acted fairly and impartially in prior proceedings.

WCABDisqualificationReassignmentAdministrative Law JudgeSerious and Willful MisconductLabor Code Section 132aIndustrial InjuryPetition for ReconsiderationAffidavitDeclaration Under Penalty of Perjury
References
2
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. ADJ8217179
Regular
Jun 18, 2012

CYNTHIA BRUNNEMER vs. DFA OF CALIFORNIA, LIBERTY MUTUAL

Applicant's attorney filed a petition that was initially miscaptioned as a "Petition for Disqualification," causing confusion for the Workers' Compensation Judge. The applicant later amended the petition to clarify it sought only an "automatic reassignment" (peremptory challenge) of the judge, not disqualification. The Appeals Board dismissed the disqualification portion and remanded the reassignment petition for determination by the presiding judge or a designee. The Board cautioned the attorney about the wasted time and resources due to the imprecise initial filing.

Petition for DisqualificationAutomatic ReassignmentWCJWCAB Rule 10453WCAB Rule 10452Peremptory ChallengePresiding WCJReport and RecommendationLab. Code § 5311Cal. Code Regs. tit. 8 § 10452
References
5
Case No. ADJ742262 (SBR 0328044)
Regular
Dec 01, 2009

Thomas Turner vs. CITY OF RIALTO

Applicant's petition for disqualification is dismissed as moot; matter remanded for automatic reassignment to another WCJ.

Petition for disqualificationAutomatic reassignmentWCJ biasPrior employmentDue processTimely motionWCAB Rule 10453Moot petitionRemandAdministrative law judge
References
2
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. ADJ7469887, ADJ4689210, ADJ6906409
Regular
Apr 30, 2018

Donald Yeager vs. CALPORTLAND COMPANY, MITSUI SUMITOMO INSURANCE USA, INC.

The Workers' Compensation Appeals Board granted applicant's petition for removal to address an unclear administrative law judge (WCJ) order reassigning the trial. The Board found the record lacked sufficient evidence to support the reassignment, particularly regarding how a prior assignment order was disregarded. Consequently, the Board rescinded the reassignment order and returned the matter to the Presiding WCJ for further proceedings to establish an adequate record and determine any valid grounds for reassignment. This action ensures proper procedure and evidence review before a final decision.

Petition for RemovalWCAB Rule 10453Automatic ReassignmentPresiding WCJQualified Medical Evaluator (QME)ReconsiderationSubstantial PrejudiceIrreparable HarmDiscovery IssuesMandatory Settlement Conference (MSC)
References
3
Case No. ADJ1132003 (LBO 0329486)
Regular
Aug 19, 2013

NICOLE R. CHEATHAM vs. LOMA LINDA UNIVERSITY MEDICAL CENTER, LOMA LINDA HOME CARE

The Appeals Board granted the Defendant's Petition for Removal to overturn an Order that denied its request for automatic reassignment of the case. The Board found that the Presiding Judge erred by denying reassignment based on a prior award issued by Judge Pusey in 2003, as Judge Pusey had not been assigned as the trial judge at that time. The Appeals Board granted the reassignment and ordered the expedited hearing be set before a judge other than Judge Pusey. This decision recognizes the defendant's statutory right to automatic reassignment when a new trial date is set before a judge who has not previously presided over a trial in the matter.

Petition for RemovalAutomatic ReassignmentOrder Denying PetitionExpedited HearingStipulations With Request for AwardCumulative Trauma InjuryPetition to Re-openDeclaration of Readiness to ProceedLabor Code section 5310Cal. Code Regs.
References
1
Case No. ADJ1997801
Regular
Nov 10, 2018

YOULANDA O. WILLIAMS vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, SEDGWICK CLAIMS MANAGEMENT SERVICES

The applicant sought reconsideration of an order denying her petition for reassignment of the trial judge. The Appeals Board dismissed the petition as untimely because it was filed over 25 days after the order it sought to reconsider. Even if timely, the petition would have been denied on its merits as the applicant had already exercised her one-time right to automatic reassignment. The Board noted that grounds for disqualification, rather than automatic reassignment, would need to be established by a timely petition with supporting affidavit.

Petition for ReconsiderationPetition for Automatic ReassignmentWCJ CoulterPWCJtimely filingjurisdictionalLabor Code section 5903Code of Civil Procedure section 1013Appeals Board Rule 10507Administrative Law Judge
References
0
Case No. ADJ4599555 (SDO 0104928)
Regular
Mar 11, 2011

LARRY HAMILTON vs. TOYOTA OF POWAY, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION For FREMONT COMPENSATION INSURANCE COMPANY, In Liquidation, Administered By CAMBRIDGE INTEGRATED SERVICES

This case concerns an applicant's petition for reconsideration and removal of an order reassigning his workers' compensation case to a specific judge. The applicant argued this reassignment violated due process and would cause delay. The Appeals Board dismissed the petition for reconsideration, stating the reassignment order was not a final determination of substantive rights. They also denied removal, finding no prejudice or irreparable harm to the applicant, and affirmed the Presiding WCJ's discretion in assigning the case.

Workers' Compensation Appeals BoardPetition for ReconsiderationDenial of RemovalOrder for ReassignmentAdministrative Law JudgeIndustrial InjuryPermanent DisabilityCompromise and ReleaseInterlocutory OrderSubstantive Right
References
7
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