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Case Law Database

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

Case No. SDO 339211 SDO 339212
Regular
Jul 23, 2007

RICHARD ESPINOZA vs. SAN DIEGO GAS & ELECTRIC

This case involved a petition to disqualify a Workers' Compensation Judge based on a prior admission of bias against the applicant's law firm. The Appeals Board denied the petition, finding that the applicant failed to present evidence of present bias or the appearance of bias. The Board reasoned that the prior admission of bias had been sufficiently attenuated by time and subsequent rulings, and that future disqualifications would require specific evidence.

Workers' Compensation Appeals BoardDisqualificationWCJBiasAppearance of BiasRecusalBlanket RecusalEthics ComplaintsCourt AdministratorMandatory Settlement Conference
References
Case No. SDO 0335244
Regular

FREDDY GOMEZ vs. EL TORITO RESTAURANT, GALLAGHER BASSETT SERVICES

This case involved a petition to disqualify a Workers' Compensation Judge (WCJ) based on a prior declaration of bias and an alleged appearance of bias. The Workers' Compensation Appeals Board (WCAB) denied the petition. The WCAB found that while a previous case established a past appearance of bias, the current petition lacked specific evidence of present bias or appearance thereof. Furthermore, the WCAB concluded that sufficient time had passed since the prior proceedings, and the appearance of bias, if any, had sufficiently attenuated.

Workers' Compensation Appeals BoardPetition for DisqualificationAdministrative Law JudgeLabor Code section 5311WCAB Rule 10452Appearance of BiasActual BiasBlanket RecusalMandatory Settlement ConferenceIndustrial Injury
References
Case No. ADJ7825518
Regular
Nov 05, 2013

MICHELLE WELLS vs. STATE OF CALIFORNIA, DEPARTMENT OF INDUSTRIAL RELATIONS, DIVISION OF WORKERS' COMPENSATION, Legally Uninsured, STATE COMPENSATION INSURANCE FUND

This Workers' Compensation Appeals Board order changes the venue for Michelle Wells' case from the Eureka District Office to the Sacramento District Office. The transfer is necessary because the Presiding Judge in Eureka has recused herself and there are no other judges available there. The order also directs the Sacramento Presiding Judge to assign the case to a judge who has no prior working relationship with the applicant.

WCABLegally UninsuredAdjusting AgencyOrder Changing VenuePresiding Workers' Compensation JudgeRecusedAppeals Board Rule 10453Sacramento District OfficeAssignmentApplicant
References
Case No. ADJ7255523
Regular
Dec 10, 2015

JEAN THOMPSON vs. LUCKY SAVEMART SUPERMARKETS, PEGASUS RISK MANAGEMENT

In this workers' compensation case, the applicant sought to disqualify the Administrative Law Judge (ALJ) assigned to a lien conference. The applicant based their request on grounds specified in Code of Civil Procedure section 641. However, the ALJ subsequently recused himself, and the matter was reassigned to a different ALJ. Consequently, the Workers' Compensation Appeals Board (WCAB) dismissed the petition for disqualification as moot.

WCABPetition for DisqualificationWCJLien ConferenceCode of Civil Procedure section 641MootRecusedAdministrative Law JudgeWorkers' Compensation Appeals BoardPegasus Risk Management
References
Case No. ADJ1407862 ADJ8053285
Regular
Jan 29, 2014

RAYMOND SCHAUER vs. WINDSOR UNIFIED SCHOOL DISTRICT, REDWOOD EMPIRE SCHOOL INSURANCE GROUP

In this workers' compensation case, venue is transferred from the Santa Rosa to the San Francisco District Office. This change is necessary because the assigned judge must recuse himself and the alternative judge has been disqualified. The San Francisco Presiding Judge will assign a new judge and schedule a lien conference. This order facilitates the continued proceedings for Applicant Raymond Schauer against Windsor Unified School District.

Venue changeRecusalJudge challengeAppeals Board Rule 10453Santa Rosa District OfficeSan Francisco District OfficePresiding JudgeLien conferencePermissibly Self-InsuredWindsor Unified School District
References
Case No. ADJ9922433
Regular
Dec 08, 2015

PAUL BIXBY vs. CITY OF LAGUNA BEACH

This case concerns an applicant's petition for removal of the Workers' Compensation Judge (WCJ) based on alleged bias. The applicant's petition, though unverified and procedurally deficient, was treated as a disqualification request. The WCJ acknowledged inappropriate behavior and recused himself from the case, rendering the applicant's requested relief moot. Consequently, the Appeals Board dismissed the petition for removal as moot, while cautioning the applicant about future procedural compliance.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ disqualificationOrder taking matter off calendarOrder Quashing Subpoena Duces Tecumbiasmootnessrecusalprocedural requirementsunverified petition
References
Case No. ADJ1775896 (RDG 0101688) ADJ2201648 (RDG 0101689) ADJ2010679 (RDG 0104042)
Regular
Mar 20, 2012

RICHARD SEILER vs. CARDIOLOGY ASSOCIATES OF NORTHERN CALIFORNIA, STATE COMPENSATION INSURANCE FUND, ZENITH INSURANCE

The Workers' Compensation Appeals Board denied the applicant's petitions for recusal and disqualification of the judge. These petitions stemmed from the applicant's dissatisfaction with the judge's rulings on medical treatment, specifically testosterone therapy, and the judge's handling of Qualified Medical Evaluator appointments. The Board found the judge's prior decisions were appropriately made and that the applicant's actions delayed resolution of the testosterone issue. The applicant's proper recourse for aggrieved orders was reconsideration, not the instant petitions.

WCABPetition for RemovalPetition for DisqualificationRecusalQualified Medical Evaluator (QME)Expedited HearingTestosterone TreatmentFindings and OrderPetition for ReconsiderationLabor Code Section 5900
References
Case No. ADJ1150041
Regular
Jul 21, 2009

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

The applicant, Evelyn Carter, filed an untimely and unverified petition seeking to disqualify Administrative Law Judge Abel Shapiro due to alleged discrimination and bias. The Board denied the petition, finding no evidence of bias in the record, despite the applicant's claims and procedural deficiencies. Although the petition was denied, the Judge has recused himself, and the case will be reassigned to a new judge for further proceedings. The Board also recommended an Information and Assistance Officer be present for the applicant.

Workers Compensation Appeals BoardPetition for DisqualificationAdministrative Law JudgeUntimely PetitionUnverified PetitionDiscrimination ClaimBias ClaimLabor Code Section 5701Medical-Legal EvaluationCode of Civil Procedure Section 641
References
Case No. ADJ3896322
Regular
Oct 21, 2014

JEREMY SYKES vs. SWIFT TRANSPORTATION

This case involves Jeremy Sykes's Petition for Removal (denominated as a Petition for Recusal/Disqualification) against Swift Transportation and WCJ David Thorne. Sykes alleged bias by the WCJ, but his petition lacked required verification and was untimely. The WCAB denied removal, adopting the WCJ's report which found the petition procedurally deficient and Sykes's testimony at a prior trial exceeded the filing deadline. The Board also warned Sykes against disrespectful remarks towards the WCJ and the Board.

Petition for RemovalPetition for DisqualificationWCJ BiasApplicant in propria personaRules of Practice and ProcedureSanctionable ConductMedical TreatmentExpedited HearingOath of WitnessRecusal
References
Case No. ADJ1775896 (RDG 0101688), ADJ2010679 (RDG 0104042)
Regular
Nov 28, 2012

RICHARD SEILER vs. CARDIOLOGY ASSOCIATES OF NORTHERN CALIFORNIA, STATE COMPENSATION INSURANCE FUND

The applicant, Richard Seiler, petitioned to recuse the judge, alleging prejudice and improper rulings on evidence and medical treatment requests. The Workers' Compensation Appeals Board (WCAB) reviewed the applicant's filings and the judge's report. The WCAB denied the disqualification petition, finding no evidence of bias. The applicant will have the opportunity to raise these issues at trial and, if necessary, file a petition for reconsideration.

Recusal petitionJudge JonesLabor Code section 5311WCAB Rule 10452Chiropractic QMEExclusion of evidencePrescribing physicianHormone replacementMandatory settlement conferencePetition for reconsideration
References
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