Authorities as the decision cited them, with how this panel applied each one.
Code of Civil Procedure section 641
Code of Civil Procedure section 641 lists grounds for disqualification including bias or prejudice.
Applied to evaluate the petition for disqualification.
From the decision · page 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)).
WCAB Rule 10960
WCAB Rule 10960 requires a petition for disqualification to be supported by detailed facts and timely filed.
Applied to evaluate the petition for 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, § 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.)
Labor Code section 5311
Labor Code section 5311 provides grounds for disqualification of a WCJ.
Applied to evaluate the petition for disqualification.
From the decision · page 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)).