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

Case No. ADJ1539456; ADJ134659; ADJ16131949; ADJ16046597
Regular
Sep 04, 2025

PHYLLIS CARSON vs. COUNTY OF LOS ANGELES SHERIFFS DEPT, SEDGWICK PASADENA

The Workers' Compensation Appeals Board considered Phyllis Carson's Petition for Disqualification. The Board determined that the petition was untimely, having been filed on October 28, 2024, significantly past the statutory 10 or 15-day deadline following the September 5, 2024, notice of hearing or the September 24, 2025, hearing where the grounds arose. Consequently, the Petition for Disqualification was dismissed. The Board also noted that even if the petition had been timely, it would have been denied based on the WCJ's report and established legal principles regarding judicial bias.

Petition for DisqualificationWCJTimelinessWCAB Rule 10960Labor Code Section 5311Code of Civil Procedure Section 641BiasPrejudiceUnqualified OpinionEAMS
References
Case No. ADJ3638574
Regular
May 12, 2011

FRANK GARCIA vs. U.S. PIPE AND FOUNDRY

The Workers' Compensation Appeals Board (WCAB) dismissed the Defendant's petition for disqualification and removal. The WCAB found that the petition was not properly verified and lacked the required supporting affidavit detailing grounds for disqualification. Therefore, the Defendant's procedural failures led to the dismissal of their requests.

WCABPetition for DisqualificationPetition for RemovalLabor Code section 5311WCAB Rule 10452WCAB Rule 10843WCJbiasdiscoveryunverified petition
References
Case No. BGN 63300; BGN 63301 BGN 63302; BGN 63303
Regular
Mar 06, 2008

HARDISTENE HOWARD vs. SOUTHERN CALIFORNIA, RTD; TRAVELERS

The applicant filed a "Petition the Court for Judge Dismissal" alleging a violation of Labor Code section 5312 by the Workers' Compensation Judge. The Board treated this as a petition for disqualification, but dismissed it because it lacked the required affidavit of disqualification and did not state grounds for disqualification under Code of Civil Procedure section 641.

Petition for disqualificationLabor Code section 5311Petition for removalLabor Code section 5310WCAB Rule 10452Mandatory settlement conferenceWCJWorkers' Compensation Appeals BoardUnrepresented applicantProof of service
References
Case No. ADJ7503681
Regular
Jul 24, 2012

WAYNE RADLOFF vs. ATLANTA FALCONS

Defendant National Union petitioned for the Workers' Compensation Judge's disqualification based on unspecified grounds, requesting reassignment. The Workers' Compensation Appeals Board dismissed the petition because it lacked the required affidavit or declaration detailing facts for disqualification. Furthermore, the petition was not verified, violating WCAB Rule 10842(b). Consequently, the Board denied the request for disqualification and reassignment.

WORKERS' COMPENSATION APPEALS BOARDWayne RadloffAtlanta FalconsADJ7503681Petition for DisqualificationCCP § 641(f)CCP § 641(g)Labor Code section 5311WCAB Rule 10452affidavit
References
Case No. ADJ2005173
Regular
Mar 22, 2010

RUFUS TANKSLEY vs. CITY OF SANTA ANA

This case involves an applicant's petition to remove the Workers' Compensation Judge (WCJ) due to alleged bias against the applicant's attorneys. The petition was denied because it failed to meet the procedural requirements of an affidavit or declaration supporting the disqualification. Furthermore, the petition was untimely as it was filed after the applicant had already been sworn and testified at trial. Therefore, the Workers' Compensation Appeals Board (WCAB) denied the petition for removal.

Petition for RemovalWorkers' Compensation JudgeDisqualificationLabor Code section 5311WCAB Rule 10452AffidavitDeclaration Under Penalty of PerjurySwearing of WitnessUntimely PetitionReconsideration
References
Case No. ADJ229693 (MON 0362437)
Regular
Mar 28, 2011

JUAN PALMA vs. NORMAN'S NURSERY WHOLESALE GROWERS

A lien claimant, former attorney for the applicant, filed a motion to disqualify the Workers' Compensation Judge, alleging bias. The Workers' Compensation Appeals Board (WCAB) construed this motion as a petition for disqualification. The petition was denied because it was not properly verified under oath as required by WCAB Rule 10844. Furthermore, the petition lacked the necessary supporting affidavit or declaration under penalty of perjury required by WCAB Rule 10452.

Petition for disqualificationWCAB Rule 10844Verified pleadingsAffidavitDeclaration under penalty of perjuryWorkers' Compensation Administrative Law JudgeBiasMotion to disqualifyLabor Code section 5311WCJ Blais
References
Case No. ADJ10333468
Regular
Nov 05, 2018

RHONDA DUNBAR HOWARD vs. VALLEY BULK TRANSPORT, NATIONAL INTERSTATE INSURANCE

The Workers' Compensation Appeals Board dismissed the defendant's petition to disqualify the judge. The petition was dismissed because it was untimely, filed after the first witness was sworn, and lacked a required supporting affidavit detailing specific grounds for disqualification. Furthermore, the Board found that the defendant's allegations of prejudice were based on subjective perception and did not meet the legal standard for disqualification, even on the merits. Therefore, the judge's petition to disqualify was denied.

Workers' Compensation Appeals BoardPetition for DisqualificationWCJ disqualificationLabor Code 132aAppeals Board Rule 10452untimely petitionprejudicejudicial biasCode of Civil Procedure section 641affidavit
References
Case No. ADJ402078 (SAC 0360299) ADJ3085499 (SAC 0360300)
Regular
Oct 07, 2008

Sean Travnicek vs. Pacific Bell/AT&T, Permissibly Self-Insured, adjusted by Sedgwick Claims Management and Liberty Mutual

This case involves an applicant's petition for disqualification of a Workers' Compensation Judge (WCJ) based on an attorney's belief of "negative bias." The Workers' Compensation Appeals Board (WCAB) dismissed the petition because it failed to comply with Labor Code section 5311 and WCAB Rule 10452. Specifically, the applicant did not specify grounds for disqualification under the Code of Civil Procedure or provide a supporting affidavit or declaration with detailed facts.

Challenge for CausePetition for DisqualificationWCJ Esther VolkanLabor Code section 5311WCAB Rule 10452AffidavitDeclarationPenalty of PerjuryGrounds for DisqualificationCode of Civil Procedure section 641
References
Case No. ADJ999430 (PAS 0009969) ADJ3798683 (LAO 0577997) ADJ1783473 (LAO 0785005)
Regular
Jan 31, 2013

KARIN CHEN vs. STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) denied applicant Karin Chen's petition to disqualify the administrative law judge. The WCAB adopted the judge's report, finding no legal grounds for disqualification. The petition was also procedurally deficient for untimely filing and lack of required affidavit. The WCAB suggested the applicant consult an Information and Assistance Officer due to apparent difficulties understanding workers' compensation law.

Workers' Compensation Appeals BoardPetition for DisqualificationAdministrative Law JudgeApplicantDefendantState Compensation Insurance FundDepartment of TransportationInformation and Assistance OfficerWCAB Rule 10452Affidavit
References
Case No. SBR 0271963; SBR 0247442; SBR 0247444; SBR 0247445; VNO 0299465; LAO 0761513; LAO 0761514; LAO 0761515; LAO 0761516; LAO 0761517; LAO 0761518; LAO 0761519; LAO 0761520; LAO 0761521; LAO 0761522; LAO 0761523; LAO 0761524; LAO 0761525; LAO 0761526; LAO 0761527; LAO 0761528; LAO 0761529; LAO 0761530
Regular
Dec 10, 2007

EDAR Y. ROGLER vs. LAW OFFICES OF ROBERT E. JOHNSON; STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed an attorney's petition seeking to remove or disqualify Judge Kacey Joseph Keating from presiding over her cases. The WCAB found the petition for removal procedurally improper and the petition for automatic reassignment untimely, as prior hearings involving the judge had occurred. Furthermore, the WCAB denied the disqualification petition because the applicant failed to provide legally sufficient grounds or a required affidavit.

WCABPetition for RemovalPetition for Automatic ReassignmentPetition for DisqualificationWCJLabor Code Section 5311WCAB Rule 10453WCAB Rule 10452Code of Civil Procedure Section 641Attorney Applicant
References
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