ADJ2275429 · March 5, 2025

The petition for disqualification was dismissed because it was filed after the 10-day deadline and failed to set forth sufficient facts to establish disqualification.

From the decision · page 5Finally, WCAB Rule 10960 provides that "if the worker's compensation judge assigned to hear the matter 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." (Cal. Code Regs., tit. 8, § 10960.) Here, lien claimant seeks disqualification in response to actions by the WCJ that took place in 2021, several years after the ten-day period specified in WCAB Rule 10960 elapsed. Thus, the Petition for Disqualification must be dismissed.

The petition for reconsideration was dismissed as successive because it raised the same issues as a prior petition on which the petitioner did not prevail and no new evidence was presented.

From the decision · page 3Here, the petition for reconsideration raises the same issues that were raised in lien claimant's earlier petition for reconsideration in which petitioner did not prevail. Furthermore, no new evidence was accepted or considered at the time of the Appeals Board's decision on the

The petition for reconsideration raised the same issues as a prior petition on which the petitioner did not prevail and no new evidence was presented.

Favours Defendant prevailed

This justified dismissal of the petition for reconsideration as successive.

From the decision · page 3Here, the petition for reconsideration raises the same issues that were raised in lien claimant's earlier petition for reconsideration in which petitioner did not prevail. Furthermore, no new evidence was accepted or considered at the time of the Appeals Board's decision on the

The petition for disqualification was filed several years after the 10-day deadline and did not set forth sufficient facts to establish disqualification.

Favours Defendant prevailed

This justified dismissal of the petition for disqualification as untimely and insufficient.

From the decision · page 5Finally, WCAB Rule 10960 provides that "if the worker's compensation judge assigned to hear the matter 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." (Cal. Code Regs., tit. 8, § 10960.) Here, lien claimant seeks disqualification in response to actions by the WCJ that took place in 2021, several years after the ten-day period specified in WCAB Rule 10960 elapsed. Thus, the Petition for Disqualification must be dismissed.

From the decision · page 7SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD. DAVID SILVER, M.D. LEGAL SERVICE BUREAU PEARLMAN, BROWN AND WAX COST FIRST CORP

Lab. Code, 5909

A petition for reconsideration is deemed denied unless acted upon within 60 days from the date a trial judge transmits a case to the appeals board.

The Appeals Board acted on the petition within the 60-day period as required by section 5909(a).

From the decision · page 2I. Former Labor Code section 59091 provided that a petition for reconsideration was deemed denied unless the Appeals Board acted on the petition within 60 days from the date of filing. (Lab. Code, § 5909.) Effective July 2, 2024, section 5909 was amended to state in relevant part that: (a) A petition for reconsideration is deemed to have been denied by the appeals board unless it is acted upon within 60 days from the date a trial judge transmits a case to the appeals board.

Lab. Code, 5311; Code Civ. Proc., 641(f) and (g); Cal. Code Regs., tit. 8, 10960

A party may seek to disqualify a WCJ upon grounds specified in Code of Civil Procedure section 641, including bias or an unqualified opinion on the merits.

The petition for disqualification was dismissed for untimeliness and insufficient factual basis under these standards.

From the decision · page 4III. 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 Code of Civil Procedure 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).) Under 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 forth in the statement there is no issue of fact to be determined." (Mackie v.