California WCABPanel decision

ADJ1539456 · September 4, 2025

Petition for Disqualification dismissed

Issues decided: 1
Medical opinions weighed: 0
Authorities named: 3
District office: Long Beach

What the panel ordered

Petition for Disqualification dismissed

Petition for Disqualification filed by applicant

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 was filed after the 10-day deadline following the hearing, making it untimely and subject to dismissal.

From the decision · page 2Applicant filed the Petition for Disqualification on October 28, 2024. Thus, the Petition is untimely, and it must be dismissed.

The facts that decided it

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

The notice of hearing was served on September 5, 2024, starting the 10-day deadline for filing the petition.

Favours Defendant prevailed

The deadline for filing the petition was 10 days after the hearing or grounds were known, making the petition filed on October 28, 2024 untimely.

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The rules the panel named

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

Cal. Code Regs., tit. 8, 10960

WCAB Rule 10960 (Cal. Code Regs., tit. 8, 10960)

The rule provides the 10-day deadline for filing a petition for disqualification after notice of hearing or knowledge of grounds.

From the decision · page 1WCAB Rule 10960 (Cal. Code Regs., tit. 8, § 10960) provides that when the WCJ and "the grounds for disqualification" are known, a petition for disqualification "shall be filed not more than 10 days after service of notice of hearing or after grounds for disqualification are known." With respect to the notice of hearing, this 10 day period is extended by 5 days when the notice of hearing is served by mail upon an address in California. (Cal. Code Regs., tit. 8, § 10605(a)(1).)

Labor Code section 5311

Allows a party to seek disqualification of a WCJ on grounds specified in Code of Civil Procedure section 641.

From the decision · page 2Labor 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 pre-formed opinion.

From the decision · page 2Labor 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)).

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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