ADJ13810218 — California WCAB decision

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.

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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 / removalApplicant prevailed

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.

The rules the panel named

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

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

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)

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.

ADJ13810218 · January 20, 2026

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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