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Case Law Database

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. 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 Consequently, the Board rescinded the reassignment order and returned the matter to the Presiding WCJ for further proceedings to establish an adequate record and determine any valid grounds for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. ANA 0386138
Regular
Jun 18, 2008

CECIL MORTON vs. RALPH'S, Permissibly Self-Insured, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES

This case involves a defendant's timely petition for removal to reassign the Workers' Compensation Administrative Law Judge (WCJ) due to procedural irregularities. The Appeals Board granted the removal because the defendant was first notified of the trial judge assignment at a mandatory settlement conference and the assigned WCJ failed to follow proper procedure regarding an "Order Suspending Action" for alleged inadequacy. Consequently, the case is reassigned to a different WCJ to determine readiness for trial.

WCAB Rule 10453Petition for RemovalAutomatic ReassignmentWorkers' Compensation Administrative Law Judge (WCJ)Mandatory Settlement Conference (MSC)Order Suspending ActionAdequacyPolicy and Procedure ManualLabor Code section 5502(e)(3)Stipulations with Request for Award
References
0
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. 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. ADJ9932404
Regular
Oct 08, 2019

FRANK DEVILLE vs. EXIDE TECHNOLOGIES, ZURICH AMERICAN INSURANCE GROUP

The Workers' Compensation Appeals Board denied the applicant's Petition for Removal. The Board found the applicant was not aggrieved as no order had yet been issued. The request for WCJ reassignment was denied as the applicant had already used their one automatic reassignment right. Furthermore, the petition failed to provide specific factual allegations required to disqualify the WCJ.

Petition for RemovalWCJExhibit ExclusionIllegible ScanningReassignmentDisqualificationLabor Code section 5311WCAB Rule 10452Code of Civil Procedure section 641Affidavit
References
7
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. 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. ADJ12040456
Regular
Dec 16, 2020

ARTURO MONJE vs. FARIA LAND & CATTLE CO., LLC, ZENITH INSURANCE COMPANY

This case concerns a dispute over the timeliness of a defendant's Petition for Automatic Reassignment of a Workers' Compensation Judge. The WCJ initially denied the petition, deeming it untimely as filed more than five days after the Notice of Hearing. However, the Appeals Board granted removal, finding the petition timely because California Code of Regulations, Title 8, section 10605(a)(1) extends the deadline by five days for e-service. Consequently, the WCAB rescinded the WCJ's order and granted the defendant's Petition for Automatic Reassignment.

Petition for RemovalPetition for Automatic ReassignmentWCAB Rule 10605(a)(1)WCAB Rule 10788timely filingservice by emailsubstantial prejudiceirreparable harmreconsiderationAdjudication Number
References
2
Case No. ADJ7709362
Regular
Dec 05, 2011

Gloria Kudelko vs. UNITED SERVICES AUTOMOBILE ASSOCIATION, HARTFORD INSURANCE COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

This case involves a defendant's petition for removal and reassignment of a Workers' Compensation Appeals Board matter. The defendant sought removal of an order from August 9, 2011, which scheduled trial, ordered a claims adjuster to appear, and ordered her to show cause for failing to appear at a prior conference. The Board granted the petition, rescinded the August 9, 2011 order, and returned the case for reassignment to a different WCJ for trial. The Board also stated the current WCJ should proceed with the sanctions issue, allowing the adjuster an opportunity to show good cause for her non-appearance.

Petition for RemovalWCJ SanctionClaims Adjuster AppearanceReassignment WCJMandatory Settlement ConferenceShow Cause OrderIndustrial InjuryWCAB Rule 10453Interlocutory OrderPetition for Reassignment
References
0
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