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Case Law Database

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

Case No. ADJ4055531 (OXN 0137643) ADJ1549173 (OXN 0131530) ADJ2511069 (OXN 0139174)
Regular
May 09, 2012

DAWN MESSI vs. STEPHEN MITNICK, STATE FARM FIRE & CASUALTY, CUNNINGHAM & LANDSEN, STATE COMPENSATION INSURANCE FUND, VAN SICKLE & ROWLEY, EMPLOYERS COMPENSATION INSURANCE COMPANY

Attorney M. Francesca Hannan petitioned for the disqualification of WCJ Morgan, alleging a conspiracy among Oxnard District Office WCJs to dismiss her clients' liens and sanction her due to her medical issues. The Appeals Board denied the petition, finding it untimely and unsupported by sufficient factual evidence. Hannan failed to provide timely declarations from alleged witnesses to substantiate her claims of bias and conspiracy. Therefore, the case is returned to the trial level without the disqualification of WCJ Morgan.

Workers' Compensation Appeals BoardPetition for DisqualificationAdministrative Law JudgeBiasSanctionsLiensCompromise and ReleaseReconsiderationADA accommodationTimeliness
References
Case No. ADJ107733
Regular
May 03, 2011

ALFREDO GUTIERREZ vs. VIKING COMPANY, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition to disqualify Administrative Law Judge (ALJ) James Hopkins. The applicant's attorney claimed the ALJ demonstrated animosity and bias by stating the case was rescheduled "Because, it's you" when referring to the attorney. Although the ALJ cited administrative difficulties, he did not deny making the statement. The WCAB found this statement sufficient to establish an appearance of bias, warranting disqualification. The case will be reset for trial before a different ALJ, with priority given due to the repeated postponements.

Petition for DisqualificationWCJ biasappearance of biasattorney biasLabor Code section 5311mandatory settlement conferencedouble bookedanimosity and gamesmanshipprocedural historyexpedited hearings
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. SDO 341698
Regular
Jul 23, 2007

EVA STERBA vs. CARDIFF SOFWARE, INC., CHUBB GROUP OF INSURANCE COMPANIES

Here's a concise summary for a lawyer: A petition to disqualify a Workers' Compensation Judge (WCJ) based on a past admitted bias against the applicant's law firm was denied. The Appeals Board found that the six-year-old declaration of bias had been sufficiently attenuated and lacked present evidence of actual or apparent bias. Future disqualification would require specific evidence demonstrating bias.

Workers' Compensation Appeals BoardDisqualificationAdministrative Law JudgeBiasTrovillion Inveiss Ponticello DemakisAppearance of BiasBlanket RecusalRobbins v Sharp HealthcareDeclaration of Readiness to ProceedMandatory Settlement Conference
References
Case No. SDO 339211 SDO 339212
Regular
Jul 23, 2007

RICHARD ESPINOZA vs. SAN DIEGO GAS & ELECTRIC

This case involved a petition to disqualify a Workers' Compensation Judge based on a prior admission of bias against the applicant's law firm. The Appeals Board denied the petition, finding that the applicant failed to present evidence of present bias or the appearance of bias. The Board reasoned that the prior admission of bias had been sufficiently attenuated by time and subsequent rulings, and that future disqualifications would require specific evidence.

Workers' Compensation Appeals BoardDisqualificationWCJBiasAppearance of BiasRecusalBlanket RecusalEthics ComplaintsCourt AdministratorMandatory Settlement Conference
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. ADJ9120630
Regular
Feb 04, 2015

SALVADOR RODRIGUEZ vs. EL MONTE CONVALESCENT HOSPITAL, ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board dismissed Western Imaging Services' petition to disqualify the judge due to untimeliness. The petition was filed 26 days after the lien conference, exceeding the 10-day limit. Furthermore, the Board found no evidence supporting claims of bias or the appearance of bias by the judge during the conference. The lien claimant is not considered aggrieved by the notice of intent to dismiss or sanction as no orders have yet been issued.

Petition for DisqualificationLien ClaimantWCJNotice of Intention to SanctionDismiss LienAttorney's FeesSanctionsLabor Code section 5311WCAB rule 10452Bias
References
Case No. ADJ8740864, ADJ8764475, ADJ8960944
Regular
Oct 16, 2025

KATHY BRANDOW vs. LAW OFFICES OF WAYNE SINGER, THE HARTFORD

Applicant Kathy Brandow sought to disqualify a workers' compensation administrative law judge (WCJ), alleging bias and conflict of interest. The defendants, Law Offices of Wayne Singer and The Hartford, responded, and the WCJ filed a report recommending denial of the petition. After reviewing all submissions, the Workers' Compensation Appeals Board denied the petition for disqualification, finding no grounds for bias or prejudice. The Board further cautioned the applicant against repeatedly filing unmeritorious motions, warning that such conduct could lead to vexatious litigant proceedings.

WCABPetition for DisqualificationWCJ biasconflict of interestLabor Code 5311Code of Civil Procedure 641unqualified opinionenmitybiasWCAB Rule 10960
References
Case No. ADJ13752411
Regular
Oct 10, 2025

Cesar Cruz vs. United Parcel Service, Inc.; Liberty Mutual

Cesar Cruz, the applicant, sought to disqualify a Workers' Compensation Administrative Law Judge (WCJ) based on allegations of general bias. The Workers' Compensation Appeals Board (WCAB) reviewed the applicant's petition and the WCJ's Report and Recommendation, which advised against disqualification. Citing various Labor Code and Code of Civil Procedure sections, as well as WCAB rules and case precedents, the Board determined that the applicant's allegations lacked sufficient factual detail and did not demonstrate a fixed bias or an unqualified opinion from the WCJ. Consequently, the WCAB denied the Petition for Disqualification and admonished the applicant about the possibility of being declared a vexatious litigant if similar conduct persists.

Petition for DisqualificationWCJ BiasLabor Code 5311Code of Civil Procedure 641Unqualified OpinionEnmityBiasWCAB Rule 10960AffidavitDeclaration
References
Case No. ADJ7981413; ADJ2876358
Regular
Jun 03, 2025

LORI WILLIAMS vs. WEBCOR BUILDERS, ZURICH NORTH AMERICA

Applicant Lori Williams filed a petition to disqualify WCJ Elizabeth Dehn, alleging bias due to inexperience, ignored medical treatment requests, and lack of penalties. The Workers' Compensation Appeals Board (WCAB) considered the petition and the WCJ's report. The WCAB, adopting the WCJ's report, denied the petition, citing that the petition lacked detailed facts under penalty of perjury as required by WCAB Rule 10960 and failed to establish grounds for disqualification under Labor Code section 5311 and Code of Civil Procedure section 641(f) and (g). The WCJ stated that no rulings were made on medical treatment or penalties during the status conference, and denied any bias.

Petition for DisqualificationWCJ DisqualificationLabor Code 5311Code of Civil Procedure 641BiasEnmityUnqualified OpinionAffidavitsDeclaration Under Penalty of PerjuryVerified Allegations
References
Showing 1-10 of 280 results

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