What the panel ordered
Petition for Disqualification granted on other grounds; matter returned to Presiding WCJ for reassignment to WCJ Wilson or another WCJ if Wilson unavailable.
Petition for Disqualification of the WCJ filed by lien claimant Susan Garrett, seeking disqualification based on alleged improper ex-parte communication and unqualified opinions on merits.
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.
The WCJ who issued the original order must hear subsequent related matters, including attorney fee division, per Labor Code section 5700 and WCAB Rule 10346(c). The Petition was granted on other grounds related to reassignment to the proper WCJ.
From the decision · page 3Here, we need not discuss the issues raised in applicant's petition as it appears that this matter was not properly set before the current WCJ.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
The WCJ who issued the original order approving attorney's fees must hear subsequent related matters, including the division of attorney's fees.
Favours Applicant prevailed
This is mandated by Labor Code section 5700 and WCAB Rule 10346(c), which require the same WCJ to hear supplemental proceedings related to issues previously heard by them.
From the decision · page 3In this case, WCJ Wilson considered the adequacy of the C&R, and approved it by way of the OACR. Accordingly, any issues related to the OACR should remain with WCJ Wilson for adjudication, consistent with Labor Code section 5700. Specifically, WCJ Wilson has already made the initial decision regarding attorney's fees, and the pending issue of division of attorney's fees involves interpretation of the C&R approved by him. Thus, the associated trial is properly assigned to WCJ Wilson.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Labor Code section 5700
Labor Code section 5700
Mandates that a hearing adjourned shall be continued and concluded by the same WCJ who previously heard it.
From the decision · page 3Labor Code section 5700 requires that where a hearing is adjourned it, "shall be continued to be heard by and shall be concluded and the decision made by the workers' compensation judge who previously heard it." (Lab. Code, § 5700, emphasis added.) WCAB Rule 10346(c), which interprets or makes specific Labor Code section 5700 provides, "To the extent practicable and fair, supplemental proceedings shall be assigned to the workers' compensation judge who heard the original proceedings." (Cal. Code Regs., tit. 8, § 10346 (c), emphasis added.)
Cal. Code Regs., tit. 8, 10346(c)
WCAB Rule 10346(c)
Interprets Labor Code section 5700 requiring supplemental proceedings to be assigned to the WCJ who heard the original proceedings.
From the decision · page 3Labor Code section 5700 requires that where a hearing is adjourned it, "shall be continued to be heard by and shall be concluded and the decision made by the workers' compensation judge who previously heard it." (Lab. Code, § 5700, emphasis added.) WCAB Rule 10346(c), which interprets or makes specific Labor Code section 5700 provides, "To the extent practicable and fair, supplemental proceedings shall be assigned to the workers' compensation judge who heard the original proceedings." (Cal. Code Regs., tit. 8, § 10346 (c), emphasis added.)
Labor Code sections 5001 and 5002
Labor Code sections 5001 and 5002
Require all workers' compensation settlements to be approved by a WCJ or the Appeals Board.
From the decision · page 3Labor Code sections 5001 and 5002 require that all settlements of workers' compensation cases be approved by a WCJ or the Appeals Board. Thus, a WCJ must individually consider the adequacy of each settlement before approval. If the WCJ determines that the settlement should not be approved for any reason, they may set a hearing, have the parties personally appear, and create an evidentiary record. (Cal. Code Regs., tit. 8, § 10700.) Furthermore, Labor Code section 4061(h)(2) requires the WCAB to determine if a settlement agreement is in the best interest of the employee.
Labor Code section 4061(h)(2)
Labor Code section 4061(h)(2)
Requires the WCAB to determine if a settlement agreement is in the best interest of the employee.
From the decision · page 3Labor Code sections 5001 and 5002 require that all settlements of workers' compensation cases be approved by a WCJ or the Appeals Board. Thus, a WCJ must individually consider the adequacy of each settlement before approval. If the WCJ determines that the settlement should not be approved for any reason, they may set a hearing, have the parties personally appear, and create an evidentiary record. (Cal. Code Regs., tit. 8, § 10700.) Furthermore, Labor Code section 4061(h)(2) requires the WCAB to determine if a settlement agreement is in the best interest of the employee.
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About this page
- A published decision of the California Workers' Compensation Appeals Board, taken apart by what it turned on. The Board publishes the decision itself; this page adds the extraction and quotes the passage behind every claim.
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