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

Case No. ADJ14178627
Regular
Feb 15, 2023

ELISANDRO CAMPOS vs. PRODESSE PROPERTY GROUP, AMTRUST NORTH AMERICA

The Workers' Compensation Appeals Board denied applicant Elisandro Campos's petition to disqualify the Workers' Compensation Judge (WCJ). The Board found that the petition lacked specific facts, under penalty of perjury, to establish grounds for disqualification under Labor Code section 5311 and Code of Civil Procedure section 641. Legal precedent dictates that conclusory allegations or subjective perceptions of bias are insufficient, and judicial expressions of opinion based on evidence do not constitute grounds for disqualification. The Board also admonished the applicant for filing duplicative and potentially frivolous pleadings.

Workers' Compensation Appeals BoardPetition for DisqualificationWCJdisqualification groundsCode of Civil Procedure section 641unqualified opinionbiasenmityWCAB Rule 10960affidavit
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. ADJ1538813 [MON 0309956] ADJ3751110 [MON 0326164] ADJ1500144 [SAC 0290200] ADJ820065 [SAC 0352087]
Regular
Sep 18, 2008

Parvin Olfati, (Patty Olfati) vs. STATE OF CALIFORNIA BOARD OF EQUALIZATION, Legally Uninsured, STATE COMPENSATION INSURANCE FUND (Adjusting Agengy)

Petition for disqualification denied. Applicant's subjective perceptions of bias not well-founded.

Workers' Compensation Appeals BoardPetition for DisqualificationLabor Code section 5311WCAB rule 10452Administrative Law JudgeBiasHostilityDiscriminatory TreatmentDiscoveryPublic Records Act
References
Case No. ADJ969080 (FRE 0202793)
Regular
Sep 15, 2016

PEDRO LOPEZ vs. CAL-ALMOND; TRAVELERS

The applicant sought to disqualify the administrative law judge (WCJ) alleging insufficient time was spent on his case and a lack of seriousness towards his injury. The Workers' Compensation Appeals Board (WCAB) found the petition lacked the required formal affidavit but considered its merits. The WCAB denied the petition, holding that a party's subjective perception of bias or disagreement with rulings does not constitute legal grounds for disqualification under relevant statutes. The Board also noted the applicant's separate request for disability accommodations for an upcoming hearing.

Disqualification PetitionWCJ BiasLabor Code 5311Code of Civil Procedure 641Unqualified OpinionLegal GroundsSubjective PerceptionWCAB Rule 10452Affirmative DutyJudicial Discretion
References
Case No. ADJ10455142
Regular
Oct 19, 2017

RUBEN CELEDON vs. ADVANCED STRUCTURAL ALLOYS, LLC, ENSTAR NORTH AMERICA

The Workers' Compensation Appeals Board denied a defendant's petition to disqualify the administrative law judge (WCJ). The defendant alleged bias due to a purported "preexisting relationship" with applicant's attorney and the WCJ's rulings. However, the defendant provided no specific facts to support the relationship claim, and the WCJ denied it. Erroneous rulings, even if numerous, do not automatically establish judicial bias, and the WCJ had previously corrected an order at the defendant's request. The Board found no evidence of bias and denied the petition for disqualification.

Petition for DisqualificationWCAB Rule 10452WCJ biaspreexisting relationshiperroneous rulingsaffidavitCode of Civil Procedure Section 641declaration under penalty of perjurysubjective perception of biasWorkers' Compensation Appeals Board
References
Case No. ADJ3660859, ADJ4106950, ADJ876448
Regular
Jun 30, 2025

JOAN LEOPOLD vs. LAW OFFICES OF MARVYN GORDON, STATE COMPENSATION INSURANCE FUND

Applicant Joan Leopold filed a petition to disqualify a workers' compensation administrative law judge (WCJ), alleging bias due to the WCJ's purported personal relationship with her former attorney and excusing defendant's counsel from a trial related to attorney fees. The WCJ denied any personal relationship and clarified the defendant's role. The Workers' Compensation Appeals Board reviewed the petition and the WCJ's report, ultimately denying the petition. The Board found that the applicant failed to provide sufficient factual basis for disqualification and that the petition was not timely filed according to WCAB Rule 10960.

WCABPetition for DisqualificationAdministrative Law Judge (WCJ)BiasTelephonic HearingAttorney FeesLien ClaimantLabor Code Section 5311Code of Civil Procedure Section 641WCAB Rule 10960
References
Case No. ADJ8606673
Regular
Nov 07, 2025

Terence Chrisman vs. AC Transit, Athens Administrators

Applicant Terence Chrisman sought disqualification of a Workers' Compensation Administrative Law Judge (WCJ) alleging prejudice. The Workers' Compensation Appeals Board (WCAB) reviewed the petition and the WCJ's Report and Recommendation, which advised denying the disqualification. Citing various Labor Code sections, Code of Civil Procedure sections, and WCAB rules, the Board found the petition failed to establish a factual basis for bias or prejudice and was potentially untimely. The WCAB clarified that judicial opinions based on evidence or official duties do not constitute bias. Consequently, the Board denied the petition for disqualification.

Petition for DisqualificationWCJBiasPrejudiceLabor Code 5311Code of Civil Procedure 641Unqualified OpinionEnmityAffidavitDeclaration
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. ADJ8970968
Regular
Oct 17, 2016

JOSE CEJA vs. THYSSENKRUPP ELEVATOR, SEDGWICK CMS

The Applicant sought to disqualify the Workers' Compensation Judge, alleging bias based on a pre-trial chambers discussion where the Applicant felt the judge favored the defendant. The WCAB denied the petition because the Applicant's allegations were subjective beliefs without specific factual support to demonstrate bias. The Board also noted procedural non-compliance with WCAB Rule 10452. Therefore, the judge was not disqualified from presiding over the case.

Petition for DisqualificationWCABAdministrative Law JudgeBiasLabor Code section 5311WCAB Rule 10452Declaration/AffidavitPerjuryOverpaymentTemporary Total Disability
References
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