ADJ7981413 · June 3, 2025

The petition did not set forth sufficient verified facts to establish grounds for disqualification under the applicable law and regulations, and the WCJ's impartiality was not demonstrated to be compromised.

From the decision · page 3Here, as discussed in the WCJ's report, the petition for disqualification does not set forth facts, declared under penalty of perjury, that are sufficient to establish disqualification pursuant to Labor Code section 5311, WCAB Rule 10960, and Code of Civil Procedure section 641(f) and/or (g). Accordingly, the petition will be denied.

The petition for disqualification did not contain an affidavit or declaration under penalty of perjury stating detailed facts supporting the claim.

Favours Defendant prevailed

This failure meant the petition did not meet the procedural requirements under WCAB Rule 10960 and Labor Code section 5311, leading to denial.

From the decision · page 3Here, as discussed in the WCJ's report, the petition for disqualification does not set forth facts, declared under penalty of perjury, that are sufficient to establish disqualification pursuant to Labor Code section 5311, WCAB Rule 10960, and Code of Civil Procedure section 641(f) and/or (g). Accordingly, the petition will be denied.

The WCJ expressed no fixed opinion or bias and remained impartial throughout the proceedings.

Favours Defendant prevailed

Lack of demonstrated bias or fixed opinion meant no grounds for disqualification under Code of Civil Procedure section 641.

From the decision · page 6I recall that applicant expressed difficulty in finding an appropriate treating physicians within defendant's Medical Provider Network who would accept her case, so I advised her that defendant's Medical Access Assistant's job was to assist injured workers in locating a new treating physician. The minutes reflect that the defendant was to provide her with the information about the Medical Access Assistant (MAA) within 10 days of the hearing. (EAMS Document ID 77942402). As the matter was set before me for a status conference, not an expedited hearing or trial, no rulings were made on applicant's entitlement to medical treatment. I do not recall any specifics discussions about claims of penalties, nor do I recall any discussions about the merits of any claims for penalties, and I certainly did not make any rulings on penalties. The minutes do reflect that all claims for penalties were deferred. The matter was taken off calendar for further discovery. There has been no demonstration of bias towards or against either party in this matter. I remain impartial and without bias towards either party in these cases.

Labor Code section 5311

Labor Code section 5311 provides grounds for disqualification of a WCJ.

Applied to evaluate the sufficiency of the petition for disqualification.

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

Code of Civil Procedure section 641 lists grounds for disqualification including bias or fixed opinion.

Applied to assess the grounds for disqualification under 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

WCAB Rule 10960 requires a verified petition with detailed facts for disqualification.

Applied to require the petition to be supported by affidavit or declaration under penalty of perjury with detailed facts.

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

Lack of verified detailed facts supporting bias or disqualification

From the decision · page 3Here, as discussed in the WCJ's report, the petition for disqualification does not set forth facts, declared under penalty of perjury, that are sufficient to establish disqualification pursuant to Labor Code section 5311, WCAB Rule 10960, and Code of Civil Procedure section 641(f) and/or (g). Accordingly, the petition will be denied.