ADJ10102998 — California WCAB decision

What the panel ordered

Petition for Disqualification denied

Petition for Disqualification filed and denied

What was disputed, and how it came out

Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.

Reconsideration / removalDefendant prevailed

The petition did not set forth sufficient facts under penalty of perjury to establish grounds for disqualification under the cited statutes and rules.

From the decision · page 1We have considered the allegations of the Petition for Disqualification and the contents of the report of the workers' compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record and for the reasons stated in the WCJ's report and based upon the WCJ's analysis of the merits of petitioner's arguments in the WCJ's report, we will deny the Petition for Disqualification.

The facts that decided it

What the panel treated as outcome-determinative, and which side it favoured.

Petition for Disqualification did not set forth facts under penalty of perjury sufficient to establish grounds for disqualification.

The rules the panel named

Authorities as the decision cited them, with how this panel applied each one.

Labor Code section 5311

Provides grounds for disqualification of a WCJ

From the decision · page 1Labor Code section 5311 provides that a party may seek to disqualify a WCJ upon any one or more of the grounds specified in Code of Civil Procedure section 641. (Lab. Code, § 5311; see also Code Civ. Proc., § 641.) Among the grounds for disqualification under section 641 are that the WCJ has "formed or expressed an unqualified opinion or belief as to the merits of the action" (Code Civ. Proc., § 641(f)) or that the WCJ has demonstrated "[t]he existence of a state of mind... evincing enmity against or bias toward either party" (Code Civ. Proc., § 641(g)).

Code of Civil Procedure section 641

Specifies grounds for disqualification including bias or fixed opinion

From the decision · page 1Labor Code section 5311 provides that a party may seek to disqualify a WCJ upon any one or more of the grounds specified in Code of Civil Procedure section 641. (Lab. Code, § 5311; see also Code Civ. Proc., § 641.) Among the grounds for disqualification under section 641 are that the WCJ has "formed or expressed an unqualified opinion or belief as to the merits of the action" (Code Civ. Proc., § 641(f)) or that the WCJ has demonstrated "[t]he existence of a state of mind... evincing enmity against or bias toward either party" (Code Civ. Proc., § 641(g)).

WCAB Rule 10960

Procedure for filing petition for disqualification

From the decision · page 1Under WCAB Rule 10960, proceedings to disqualify a WCJ "shall be initiated by the filing of a petition for disqualification supported by an affidavit or declaration under penalty of perjury stating in detail facts establishing one or more of the grounds for disqualification...." (Cal. Code Regs., tit. 8, § 10960, italics added.) It has long been recognized that "[t]he allegations in a statement charging bias and prejudice of a judge must set forth specifically the facts on which the charge is predicated," that "[a] statement containing nothing but conclusions and setting forth no facts constituting a ground for disqualification may be ignored," and that "[w]here no facts are set

ADJ10102998 · September 28, 2022

What the panel ordered

What was disputed, and how it came out

The facts that decided it

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The rules the panel named

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