Newton, Neal

Applicant Neal Newton, proceeding pro per, sought disqualification of the assigned WCJ following a November 13, 2024 hearing in his cumulative trauma claim, alleging the judge demonstrated bias and expressed unqualified opinions on the merits. The underlying dispute concerned whether applicant could send certain medical and non-medical evidence (videos, text messages, treating physician reports) to a rheumatology PQME before the doctor completed his initial evaluation. The WCAB found that while actual bias (per Code Civ. Proc. § 641(f) and (g)) may not have been established, an appearance of bias sufficient to warrant disqualification existed, citing the WCJ's comments about applicant's treating physician, the efficacy of his evidence, the likely QME outcome, and personal remarks. The Board granted the petition, ordered the trial judge disqualified, and returned the case to the Presiding Judge for reassignment to a new WCJ.