ADJ12335487 — California WCAB decision

What the panel ordered

Petition for Disqualification denied

Petition for Disqualification filed and considered by the WCAB panel

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 did not set forth sufficient facts under Labor Code section 5311, WCAB Rule 10960, and Code of Civil Procedure section 641 to establish grounds for 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.

The facts that decided it

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

The petition for disqualification did not set forth facts, declared under penalty of perjury, sufficient to establish disqualification.

The rules the panel named

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

Labor Code section 5311

Provides grounds for disqualification of a WCJ.

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

Specifies grounds for disqualification including 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

Requires petition for disqualification to be supported by detailed affidavit or declaration.

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

ADJ12335487 · March 14, 2024

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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