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

Case No. ADJ10778928
Regular
Dec 10, 2018

DINA CASTILLO vs. AMERICAN APPAREL USA, LLC, Administered by CORVEL CORPORATION, NEW HAMPSHIRE INSURANCE COMPANY, Adjusted by ATHENS ADMINISTRATORS

The Workers' Compensation Appeals Board denied the applicant's Petition for Disqualification of the WCJ. The Board found the petition lacked specific factual allegations required by rule, failing to establish grounds for bias or prejudgment under relevant code sections. Consequently, the petition was denied, and the applicant's attorney received an admonishment for filing a non-compliant petition and making unsubstantiated allegations.

Petition for DisqualificationWorkers' Compensation Appeals BoardWCJ DisqualificationCode of Civil Procedure section 641Labor Code section 5311Appeals Board Rule 10452Affidavit or DeclarationPenalty of PerjuryGrounds for DisqualificationBias and Prejudice
References
Case No. ADJ6635167
Regular
Aug 01, 2011

CDWARD CARTER vs. MONTEREY MARRIOTT

This case involves a clerical error correction by the Workers' Compensation Appeals Board (WCAB). The WCAB's prior Order, issued June 17, 2011, incorrectly titled and referenced a "disqualification" instead of "removal." The Board is correcting the title to "Order Denying Removal" and substituting "removal" for "disqualification" throughout the order. This correction was made to ensure clarity and understanding of the Board's decision, and the WCAB retains jurisdiction to correct such clerical errors.

Workers' Compensation Appeals BoardOrder Correcting Clerical ErrorOrder Denying RemovalPetition for RemovalDisqualificationMonterey MarriottADJ6635167Toccalino v. Workers' Comp. Appeals Bd.Clerical ErrorsRemoval
References
Case No. ADJ6861886
Regular
Feb 01, 2012

Tracy Huiras vs. Nestle USA, ACE AMERICAN INSURANCE COMPANY

This case involves a defendant's petition for reconsideration, disqualification, and removal concerning a WCJ's order compelling a claims adjuster to testify at a lien trial. The Appeals Board dismissed the petition for reconsideration as the order was not final. While the petition for disqualification was denied due to insufficient evidence of bias, the petition for removal was granted. The Board rescinded the WCJ's order compelling witness testimony, as the lien claimant bears the burden of proof and must produce their own witnesses.

WCABRemovalDisqualificationMandatory Settlement ConferenceWCJLien ClaimClaims AdjusterPetition for ReconsiderationPetition for DisqualificationPetition for Removal
References
Case No. ADJ979897 (POM 0248276)
Regular
Nov 14, 2008

JITENDRAKUMAR TRIVEDI vs. GTE CORPORATION, LUMBERMEN'S MUTUAL CASUALTY COMPANY

The Workers' Compensation Appeals Board denied the applicant's petition to disqualify Judge C. Coutts and declare a mistrial. The applicant's request, treated as a disqualification petition, failed to comply with Labor Code section 5311 and WCAB Rule 10452 by not stating specific grounds or providing a supporting declaration. The Board found the applicant had not shown good cause to reopen his case in prior proceedings and had not demonstrated any valid reason for the current disqualification request.

Workers' Compensation Appeals BoardDisqualificationPetition for DisqualificationMistrialLabor Code Section 5311WCAB Rule 10452Presiding Workers' Compensation JudgeFindings of Fact and OrdersPetition for ReconsiderationWrit of Review
References
Case No. ADJ7393344
Regular
Jun 19, 2012

CONNIE WHITTED vs. DHL ENTERPRISES LLC BRIGHT STAR HEALTH CARE, CHARTIS

This case concerns a petition initially filed as a "Petition for Disqualification and Reassignment," which was later amended to solely seek automatic reassignment of the judge under WCAB Rule 10453. The Appeals Board dismissed the disqualification aspect, attributing the confusion to the applicant's attorney's imprecise captioning. While the petition for automatic reassignment is remanded for determination by the presiding judge, the Board notes it was filed before a trial or expedited hearing, making its denial likely. The Board cautioned the attorney about wasted resources and the potential for future sanctions due to careless pleading.

WCAB Rule 10453WCAB Rule 10452peremptory challengedisqualificationautomatic reassignmentpresiding judgePetition for Disqualificationamended petitionJudge Brigham JonesReport and Recommendation
References
Case No. ADJ9348178
Regular
Jun 01, 2015

MICHAEL MCKENNA vs. CITY OF SACRAMENTO

The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration because the challenged order was not a final determination. However, the Board granted removal, rescinded the order disqualifying defense counsel, and remanded the case for further proceedings. This action was taken because the original disqualification was issued without an evidentiary record and lacked proper legal analysis under the relevant case law. The Workers' Compensation Judge must now create a record and apply established precedent, like *Kirk v. First American Title Ins. Co.*, to the disqualification issue.

Workers' Compensation Appeals BoardDisqualificationVicarious DisqualificationEthical WallFinal OrderReconsiderationRemovalWCJEvidentiary RecordConfidential Information
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. ADJ999430 (PAS 0009969) ADJ3798683 (LAO 0577997) ADJ1783473 (LAO 0785005)
Regular
May 22, 2014

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

The Workers' Compensation Appeals Board denied a petition for disqualification filed by applicant Karin Chen against the State of California, Department of Transportation. The Board adopted and incorporated the administrative law judge's report, finding no grounds for disqualification. Therefore, the Board's order confirms that the petition is denied.

Petition for DisqualificationWorkers' Compensation Appeals BoardWCJ reportdeny disqualificationLegally UninsuredAdjusting AgencyADJ999430KARIN CHENDEPARTMENT OF TRANSPORTATIONSTATE COMPENSATION INSURANCE FUND
References
Case No. ADJ855554 (ANA 0388777)
Regular
Aug 24, 2011

CHRISTI HOWARTH vs. LONG BEACH UNIFIED SCHOOL DISTRICT; Permissibly Self-Insured, Administered By TRISTAR RISK MANAGEMENT

This case before the Workers' Compensation Appeals Board concerns a petition for disqualification filed by applicant Christi Howarth against the Long Beach Unified School District. The Board reviewed the petition and the report of the workers' compensation administrative law judge. Based on this review, the Board has adopted the judge's report and denied the disqualification petition.

Petition for DisqualificationWorkers' Compensation Appeals BoardWCJ reportdeny disqualificationrecord reviewadministrative law judgeTRISTAR RISK MANAGEMENTLONG BEACH UNIFIED SCHOOL DISTRICTApplicantDefendants
References
Case No. ADJ4453862 (VNO 0519650)
Regular
May 24, 2012

WILLIAM LANEY vs. CLARK PLUMBING & HEATING, STATE COMPENSATION INSURANCE FUND, CALIFORNIA COMPENSATION

This case involves applicant William Laney's petition for disqualification against defendants Clark Plumbing & Heating and their insurers. The Workers' Compensation Appeals Board reviewed the petition and the administrative law judge's report. Based on the record and the judge's reasoning, the Board denied the disqualification petition. Therefore, the Board issued an order formally denying Laney's request.

Petition for DisqualificationWorkers' Compensation Appeals BoardDenying DisqualificationAdministrative Law JudgeReportRecordAdopt and IncorporateDeniedVan Nuys District OfficeClark Plumbing & Heating
References
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