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

Case No. VNO 0450531
Regular
Jun 12, 2008

NELSON PIMENTEL (Deceased) CLAUDIA CISNEROS, Guardian Ad Litem for SUMMER PIMENTEL vs. DAYNITE FACILITIES; STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to address an attorney's fee dispute and a request for disqualification of the Workers' Compensation Judge (WCJ). The WCAB increased the attorney's fee awarded to Ronald Ehrman to $4,800.00, finding that he had cured prior notification defects regarding his adverse interest in seeking additional fees. Additionally, the WCAB disqualified the original WCJ, finding that his criticisms of Ehrman's conduct created an appearance of bias, and reassigned the case to a new WCJ.

Workers' Compensation Appeals BoardDeath BenefitsAttorney's FeesGuardian Ad LitemReconsiderationDisqualificationWCJAdverse InterestEthics ViolationsPenalties
References
3
Case No. ADJ3107843 (MON 0208626)
Regular
Oct 05, 2009

CHRIS DERBOGHOSSIAN vs. ALL TUNE & LUBE, ERIE INSURANCE COMPANY, CRAWFORD & COMPANY

The Board affirmed the WCJ's decision except for the attorney's fees award for the applicant's wife deposition; the contempt order was rescinded as the WCJ lacked authority to address indirect contempt.

WCABremovalreconsiderationdisqualificationcontemptindirect contemptLabor Code section 5814transportation expenseattorney feesmedical treatment
References
11
Case No. ADJ7184070
Regular
Aug 17, 2016

ARMANDO RODRIGUEZ vs. PACIFIC EXTERIORS, SEABRIGHT INSURANCE COMPANY

The Workers' Compensation Appeals Board denied a lien claimant's Petition for Removal and Disqualification of the WCJ. The lien claimant sought to challenge an order rescinding an earlier lien allowance and a notice of intent to sanction them for allegedly obtaining a settlement without proper authority. The Board found that the lien claimant had adequate recourse through a petition for reconsideration regarding sanctions and that the disqualification allegations were not supported by the record. The WCJ acted appropriately by rescinding the order when concerns were raised, and no bias was demonstrated.

Petition for RemovalWCJLien ClaimantSanctionsDisqualificationCompromise and ReleaseLabor CodeAdministrative Law JudgeOrder Re: LienPetition for Reconsideration
References
1
Case No. ADJ12674446
Regular
Jul 25, 2025

MICHAEL KREZA, SHANNA KREZA vs. CITY OF COSTA MESA FIRE DEPARTMENT, ADMINSURE

Applicant Shanna Kreza, guardian ad Litem for deceased Michael Kreza, sought reconsideration or, alternatively, removal and disqualification of a Workers' Compensation Administrative Law Judge (WCJ) after the WCJ issued an Order Suspending Action. The WCJ's order questioned the requested attorney's fees as excessive, which the applicant argued created an appearance of bias. The Workers' Compensation Appeals Board dismissed the petition for reconsideration, deeming the WCJ's order interlocutory. However, the Board granted the petitions for removal and disqualification, finding an appearance of bias by the WCJ due to unqualified opinions on attorney's fees. Consequently, the WCJ was disqualified, their May 12, 2025 Order was rescinded, and the case was returned for reassignment to a new WCJ.

Workers' Compensation Appeals BoardFirefighterDeath ClaimAttorney FeesExcessive FeesPetition for ReconsiderationPetition for RemovalPetition for DisqualificationWCJ BiasOrder Suspending Action
References
10
Case No. ADJ15136580
Regular
May 09, 2025

Neal Newton vs. Rudgear Logistics, LLC.; Falls Lake Fire & Casualty

Applicant Neal Newton filed a petition to disqualify the trial Workers' Compensation Administrative Law Judge (WCJ), alleging bias and the expression of unqualified opinions during hearings. The applicant contended the WCJ belittled his personal physician, questioned his intelligence, and demonstrated bias against his video evidence. Despite the WCJ denying actual bias, the Workers' Compensation Appeals Board found an 'appearance of bias' sufficient to warrant disqualification, particularly noting the WCJ's characterization of applicant's documents without full review. Consequently, the Board granted the petition, disqualified the assigned WCJ, and ordered the case reassigned to a new WCJ.

Petition for DisqualificationWorkers' Compensation Appeals BoardWCJAppearance of BiasMandatory Settlement ConferenceDeclaration of Readiness to ProceedQualified Medical EvaluatorEvidence DisputeMed-Legal EvaluationCode of Civil Procedure
References
5
Case No. ADJ7624426; ADJ8657421
Regular
Jun 18, 2013

NATHALIE AMEZQUITA vs. SCOTT ZIEHL an Individual, Co-Partner dba JEWELRY, Liquidation USA

The applicant petitioned for disqualification of WCJ Richard Shapiro, alleging enmity and prejudgment. The applicant's counsel stated the WCJ declared the applicant would "take nothing" and was "a liar" before trial. The WCJ did not deny these statements, suggesting they were to facilitate settlement and noting concerns about applicant's attorney's tactics. The Appeals Board granted the disqualification petition, finding the WCJ's statements demonstrated bias or the appearance of bias, and returned the case for reassignment to a new WCJ.

Petition for DisqualificationWorkers' Compensation Administrative Law Judgeenmityformed opinionprejudicedtake nothingliarinformal resolutionappearance of biasreassignment
References
0
Case No. ADJ4237156
Regular
Nov 15, 2011

CON HOWE vs. AMERIGAS by SPECIALTY RISK SERVICES

This case involves an applicant's petition to disqualify a Workers' Compensation Administrative Law Judge (WCJ) due to alleged bias stemming from a prior incident. The applicant's attorney claimed the WCJ harbored enmity and would prejudice his clients. The WCJ, in his report, stated the incident would not affect his impartiality and all cases are decided on evidence. The Appeals Board adopted the WCJ's report and denied the disqualification petition, finding no reason to doubt the WCJ's impartiality.

Petition for DisqualificationWCJ BiasEnmityMandatory Settlement ConferencesReport and RecommendationEvidence-based DecisionWorkers' Compensation Appeals BoardAdministrative Law JudgeApplicant's AttorneyCase ADJ4237156
References
0
Case No. ADJ4280834 (LAO 0768011)
Regular
Jun 04, 2013

LEVELL SMITH vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, SEDGWICK CMS

The WCAB granted reconsideration of a WCJ's decision awarding applicant 100% permanent disability after apportioning for a prior 1988 injury. Defendant argued the WCJ erred by not following the agreed medical evaluator's apportionment findings. The Appeals Board affirmed the WCJ's decision, finding the WCJ correctly relied on the parties' prior stipulation regarding the 1988 injury's permanent disability to frame the rating instructions. The WCAB adopted the WCJ's reasoning in their Report on Reconsideration.

Workers' Compensation Appeals BoardLevell SmithLos Angeles Unified School DistrictSedgwick CMSADJ4280834Opinion and Decision After ReconsiderationFindings and Awardleft wristneckright wrist
References
1
Case No. ADJ2242917
Regular
Feb 09, 2011

HERIBERTO HERNANDEZ RODRIGUEZ, ROSALVA RODRIGUEZ vs. AA CONTRACTING, dba GARZA CONTRACTING, STATE COMPENSATION INSURANCE FUND

This case involves a fatal industrial injury where the initial award of death benefits was found to be internally inconsistent and ambiguous by the WCJ. The defendant sought reconsideration of the WCJ's subsequent decision, arguing the WCJ erred in denying jurisdiction to correct the erroneous award. The Appeals Board granted reconsideration, finding the WCJ's reserved jurisdiction and the ambiguity of the award allowed for correction. The Board rescinded the WCJ's decision and returned the matter for further proceedings to resolve the benefit and attorney fee amounts.

Workers' Compensation Appeals BoardDeath BenefitsPartial DependentsJudicial ErrorLabor Code Section 5803Reservation of JurisdictionReconsiderationRescindAmendFindings of Fact
References
1
Case No. SBR 0313572, SBR 0313573, SBR 0313574
Regular
Mar 26, 2009

BERNADETTE GOODIN vs. SUN HEALTHCARE GROUP, INC., CONTINENTAL CASUALTY

The Workers' Compensation Appeals Board dismissed the lien claimant's petition for reconsideration regarding attorney's fees, deeming it withdrawn. The Board granted reconsideration of the WCJ's decision to amend the temporary disability period to October 2, 2002, through August 30, 2003, after the defendant disputed the original award. The Board intends to issue a formal amendment unless good cause to the contrary is presented.

Workers' Compensation Appeals BoardSun Healthcare GroupContinental CasualtyJoint Findings and AwardWCJ's DecisionPulmonary System InjuryTemporary DisabilityPermanent DisabilityApportionmentPenalty
References
0
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