Authorities as the decision cited them, with how this panel applied each one.
Cortez v. Workers' Comp. Appeals Bd. (2006) 136 Cal.App.4th 596, 599, fn. 5
Removal is an extraordinary remedy rarely exercised by the Appeals Board; granted only if substantial prejudice or irreparable harm will result if removal is not granted.
The Appeals Board was not persuaded that substantial prejudice or irreparable harm would result if removal was denied.
From the decision · page 1Removal is an extraordinary remedy rarely exercised by the Appeals Board. (Cortez v.
Workers' Comp. Appeals Bd. (2006) 136 Cal.App.4th 596, 599, fn. 5 [71 Cal.Comp.Cases 155];
Kleemann v. Workers' Comp. Appeals Bd. (2005) 127 Cal.App.4th 274, 280, fn. 2 [70
Cal.Comp.Cases 133].) The Appeals Board will grant removal only if the petitioner shows that
substantial prejudice or irreparable harm will result if removal is not granted. (Cal. Code Regs.,
tit. 8, § 10955(a); see also Cortez, supra; Kleemann, supra.) Also, the petitioner must demonstrate
that reconsideration will not be an adequate remedy if a final decision adverse to the petitioner
ultimately issues. (Cal. Code Regs., tit. 8, § 10955(a).) Here, based upon the WCJ's analysis of
the merits of petitioner's arguments, we are not persuaded that substantial prejudice or irreparable
harm will result if removal is denied and/or that reconsideration will not be an adequate remedy if
the matter ultimately proceeds to a final decision adverse to petitioner.
Labor Code 5311; Code Civ. Proc. 641(f), (g)
A party may seek to disqualify a WCJ upon grounds specified in Code of Civil Procedure section 641, including bias or pre-judgment.
The petition did not set forth facts sufficient to establish disqualification under these grounds.
From the decision · page 1Next, we address the petition to the extent it seeks to disqualify the WCJ. Labor 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.
WCAB Rule 10960 (Cal. Code Regs., tit. 8, former 10452, now 10960)
Proceedings to disqualify a WCJ require a petition supported by affidavit or declaration under penalty of perjury stating detailed facts establishing grounds for disqualification.
The petition failed to set forth facts under penalty of perjury sufficient to establish disqualification.
From the decision · page 2Under 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, former § 10452, now § 10960 (eff. Jan. 1, 2020), 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. Dyer (1957) 154 Cal.App.2d 395, 399, italics added.)