Where this sits
- Chapter 4.5.
- Division of Workers' Compensation
- Subchapter 2. Workers' Compensation Appeals Board--Rules and Practice Procedure
- Article 18. Reconsideration, Removal and Disqualification
The regulation, as printed
Proceedings to disqualify a workers' compensation judge under Labor Code section 5311 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 specified in section 641 of the Code of Civil Procedure. The petition to disqualify a workers' compensation judge and any answer shall be verified upon oath in the manner required for verified pleadings in courts of record. If the workers' compensation judge assigned to hear the matter and the grounds for disqualification are known, the petition for disqualification shall be filed not more than 10 days after service of notice of hearing or after grounds for disqualification are known. A petition for disqualification shall be referred to and determined by a panel of three commissioners of the Appeals Board in the same manner as a petition for reconsideration.
Authority and history
Note: Authority cited: Section 5307, Labor Code. Reference: Section 641, Code of Civil Procedure; and Sections 5310 and 5311, Labor Code.
1. Repealer of article 21 heading, renumbering of former section 10452 to section 10960, including amendment of section heading, section and Note, filed 12-17-2019; operative 1-1-2020. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2019, No. 51).
What panels did with this rule
Released decisions that named § 10960, with the passage each turned on. A panel decision persuades; it does not bind.
- ADJ18094363 · 2026-06-30 · Oakland District Office8 CCR § 10960
Determinative passage · p.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, § 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. Dyer (1957) 154 Cal.App.2d 395, 399.)
Applied to evaluate the petition for disqualification.
Official decision · page 2 → - ADJ20167209 · 2026-06-25 · Los Angeles District Office8 CCR § 10960
Determinative passage · p.2Labor Code1 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. (§ 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)).
The Appeals Board applied these grounds and found no basis for disqualification, denying the petition.
Official decision · page 2 → - ADJ12009010 · 2026-06-23 · Long Beach District Office8 CCR § 10960
Determinative passage · p.3Next, petitions for disqualification must be timely filed: "If the workers' compensation judge assigned to hear the matter and the grounds for disqualification are known, the 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.)
The Board dismissed the petition for disqualification as untimely and skeletal, lacking facts to support the claim of bias.
Official decision · page 3 → - ADJ18791443 · 2026-04-22 · Lodi District Office8 CCR § 10960
Determinative passage · p.1Labor Code1 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. (§ 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)).
The petition was dismissed as untimely and unsupported by affidavit, thus failing to meet procedural requirements for disqualification.
Official decision · page 1 → - ADJ1218145 · 2026-02-03 · Los Angeles District Office8 CCR § 10960
Determinative passage · p.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, § 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. Dyer (1957) 154 Cal.App.2d 395, 399.)
The petition was considered under this timeliness requirement.
Official decision · page 2 → - ADJ11545044 · 2026-01-21 · Marina del Ray District Office8 CCR § 10960
Determinative passage · p.1Labor Code1 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. (§ 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)).
The Board applied these standards to evaluate the petition for disqualification and found no grounds to disqualify the WCJ.
Official decision · page 1 → - ADJ17568026 · 2026-01-21 · Anaheim District Office8 CCR § 10960
Determinative passage · p.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, § 10960, emphasis added.) Petitions for disqualification must be timely filed: "If the workers' compensation judge assigned to hear the matter and the grounds for disqualification are known, the 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.)
The Appeals Board found defendant failed to timely file a petition for disqualification and failed to provide the required affidavit under penalty of perjury.
Official decision · page 2 → - ADJ14604728 · 2025-12-22 · Pomona District Office8 CCR § 10960
Determinative passage · p.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, § 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. Dyer (1957) 154 Cal.App.2d 395, 399.)
The petition was dismissed for failure to meet these requirements.
Official decision · page 2 →
Rules beside this one
Article 18. Reconsideration, Removal and Disqualification — regulations rarely stand alone, and the answer is often two sections away.
- § 10957Petition Appealing Independent Bill Review Determination of the Administrative Director. [Renumbered]
- § 10957.1Petition Appealing Independent Medical Review Determination of the Administrative Director. [Renumbered]
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- § 10959Petition Appealing Medical Provider Network Determination of the Administrative Director. [Renumbered]
- § 10961Actions by Workers' Compensation Judge After Petition for Reconsideration is Filed.63 decisions
- § 10962Report of Workers' Compensation Judge.3 decisions