Authorities as the decision cited them, with how this panel applied each one.
Labor Code section 5311
Labor Code section 5311 provides grounds for disqualification of a WCJ.
The petition was evaluated under this statute and found insufficient.
From the decision · page 2DISCUSSION
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. 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)).
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.
Code of Civil Procedure section 641
Code of Civil Procedure section 641 lists grounds for disqualification including bias or fixed opinion.
The petition was evaluated under this statute and found insufficient.
From the decision · page 2DISCUSSION
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. 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)).
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.
WCAB Rule 10960
WCAB Rule 10960 requires a verified petition stating detailed facts for disqualification and timely filing.
The petition was untimely and lacked sufficient facts under this rule.
From the decision · page 2DISCUSSION
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. 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)).
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.