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PanelGranted

Lopez, Donaciano

DONACIANO LOPEZ, Applicant vs. GKN PLC; SAFETY NATIONAL CASUALTY CORPORATION, administered by BROADSPIRE, Defendants

ADJ number: ADJ15095314
Decision date: Apr 14, 2024
District office: San Diego
WCJ: —
Claim administrator: Broadspire (administering for Safety National Casualty Corporation)
Commissioners: CRAIG SNELLINGS, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: COVID-19 (systemic/respiratory illness)

LC §5311CCR §10960

Summary

Applicant Donaciano Lopez alleged an industrial COVID-19 injury on July 11, 2021, which the defendant denied. During trial proceedings, the assigned WCJ made extensive comments on the record questioning the basis for the denial, characterizing it as 'bad faith denial,' suggesting the defendant could be subject to sanctions, penalties, and an insurance audit, and strongly encouraging settlement. Defendant filed a Petition for Disqualification under Labor Code section 5311 and Code of Civil Procedure section 641. The WCAB found that although there may not have been actual bias, an appearance of bias sufficient to warrant disqualification existed under the objective standard. The Board granted the petition, disqualified the WCJ, and returned the case to the Presiding Judge for reassignment to a new WCJ.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.