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Case Law Database

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

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. ADJ7952240
Regular
Oct 20, 2011

LUCIA BIANCHI vs. MENDOCINO COUNTY OFFICE OF EDUCATION, KEENAN AND ASSOCIATES

This case involves a petition for disqualification of a Workers' Compensation Administrative Law Judge (WCJ) by the applicant, Lucia Bianchi, and her attorney. The attorney alleged the WCJ demonstrated enmity or bias due to an incident on September 1, 2011, which would prejudice his clients. The WCJ submitted a report stating the incident would not affect his impartiality and decisions would be based solely on evidence. The Workers' Compensation Appeals Board reviewed the record and adopted the WCJ's report, finding no reason to doubt his impartiality. Accordingly, the Board denied the petition for disqualification.

Petition for DisqualificationWCJEnmity or BiasMandatory Settlement ConferencesReport and RecommendationEvidenceApplicant's AttorneyLitigantsWorkers' Compensation Appeals BoardGeorge R. Ferris
References
0
Case No. ADJ7028627
Regular
Oct 18, 2011

STEVE WINELAND vs. FURNITURE DESIGN CENTER AND FIRST COMP.

The Applicant petitioned to disqualify the Workers' Compensation Administrative Law Judge (WCJ) due to alleged enmity or bias against his attorney following an incident on September 1, 2011. The WCJ stated that the incident would not affect his impartiality and all decisions would be based on presented evidence. The Appeals Board adopted the WCJ's report, finding no reason to doubt his impartiality. Consequently, the petition for disqualification was denied.

Petition for DisqualificationWCJ BiasAdministrative Law JudgeMandatory Settlement ConferencesEnmityPrejudiceEvidence-Based DecisionsReport and RecommendationWorkers' Compensation Appeals BoardApplicant's Attorney
References
0
Case No. ADJ7457608
Regular
Oct 18, 2011

CLARENCE MILES vs. KOHL'S DEPARTMENT STORES, INC., SEDGWICK CMS

This case involves a petition to disqualify a Workers' Compensation Administrative Law Judge (WCJ) due to alleged bias against the applicant's attorney. The applicant's attorney claimed the WCJ demonstrated enmity after a September 1, 2011 incident, which would prejudice his clients. The WCJ submitted a report stating that the incident would not affect his impartiality and that all decisions are based on evidence. The Workers' Compensation Appeals Board denied the petition, finding no reason to doubt the WCJ's assurance of fairness.

Petition for DisqualificationWCJ BiasAdministrative Law JudgeEnmityPrejudiceMandatory Settlement ConferenceReport and RecommendationWorkers' Compensation Appeals BoardEvidenceDay in Court
References
0
Case No. ADJ6993354
Regular
Nov 17, 2011

DEBBIE ORESCO vs. FRIEDMAN BROTHERS, EMPLOYER DIRECT CLAIMS

In this workers' compensation case, the applicant's attorney petitioned to disqualify the Administrative Law Judge (WCJ) based on alleged enmity or bias stemming from a September 1, 2011 incident. The WCJ denied the allegations, assuring the Appeals Board that all decisions are based solely on evidence and that he would strive to ensure all litigants receive a fair hearing. The Workers' Compensation Appeals Board adopted the WCJ's report and denied the disqualification petition, finding no reason to doubt the WCJ's impartiality.

Petition for DisqualificationWorkers' Compensation Appeals BoardWCJGeorge R. Ferrisenmitybiasprejudicemandatory settlement conferencesReport and Recommendationevidence
References
0
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. ADJ7493258, ADJ8597877, ADJ10987183
Regular
Feb 23, 2018

Barbara Nakatani vs. Coco's Restaurant, California Restaurant Mutual Benefit Corporation

The Appeals Board granted reconsideration and rescinded an order for sanctions against applicant's attorney, Ms. Otero, due to insufficient evidence and an appearance of bias by the WCJ. The Board disqualified the WCJ based on her lengthy past employment and personal relationship with Ms. Otero's firm, creating a reasonable doubt about her impartiality. Consequently, the cases are reassigned to a new WCJ for further proceedings.

Workers' Compensation Appeals BoardSanctionsPetition for ReconsiderationDisqualificationWCJ BiasAppearance of BiasDue ProcessFair HearingCode of Civil ProcedureLabor Code
References
3
Case No. ADJ5751441
Regular
Oct 18, 2011

CYNTHIA ROSE (KEEN) vs. MENDOCINO UNIFIED SCHOOL DISTRICT, KEENAN AND ASSOCIATES

Here's a summary for a lawyer: Applicant sought to disqualify the Workers' Compensation Judge (WCJ) based on alleged enmity and bias against her attorney stemming from a September 1, 2011 incident. The WCJ responded by stating that all decisions are based on evidence and he will conduct hearings fairly. The Appeals Board adopted the WCJ's report, finding no reason to doubt his impartiality, and therefore denied the disqualification petition.

Petition for DisqualificationWCJenmitybiasmandatory settlement conferencesReport and Recommendationevidencelitigantsday in CourtWorkers' Compensation Appeals Board
References
0
Case No. ADJ7232720
Regular
Oct 20, 2011

PATRICIA OTTERSON vs. NCPH AT THE WOODS, SPECIALTY RISK SERVICES

The applicant sought to disqualify the Workers' Compensation Administrative Law Judge (WCJ) based on alleged enmity and bias against her attorney stemming from a past incident. The WCJ, in his report, explicitly stated that the incident would not prejudice the applicant or her attorney and that all decisions would be based solely on presented evidence. The Appeals Board reviewed the record and found no reason to doubt the WCJ's assurances of impartiality. Consequently, the petition for disqualification was denied.

Petition for DisqualificationWorkers' Compensation Appeals BoardWCJGeorge R. FerrisRobert A. Fowlerenmitybiasprejudicemandatory settlement conferencesReport and Recommendation
References
0
Case No. ADJ7702124; ADJ7926642
Regular
Oct 20, 2011

COSA RIVAS vs. PACKARD HOUSE OPERATING PARTNERS, FIRST COMP OMAHA

This case involves a Petition for Disqualification filed by the Applicant against Workers' Compensation Judge George R. Ferris. The Applicant's attorney alleged the judge demonstrated enmity or bias due to an incident on September 1, 2011, which he claimed would prejudice his clients. The WCJ denied these allegations in his report, stating he would decide cases based on evidence and ensure all litigants had their "day in Court." The Appeals Board adopted the WCJ's report and denied the petition, finding no reason to doubt the WCJ's assertion of impartiality.

Petition for DisqualificationWCJEnmityBiasMandatory Settlement ConferencesReport and RecommendationApplicant's AttorneyEvidenceDay in CourtWorkers' Compensation Appeals Board
References
0
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