Rios, Jesus

Applicant Jesus Rios, injured in 2006 while working as a marble polisher/fabricator for an illegally uninsured employer (Bryan Jones dba The KB Group), sought removal of a May 10, 2023 Order taking the matter off calendar and directing the parties to depose the employer regarding a dispute over home health care and WCAB jurisdiction. The employer alleged that the WCJ had personally altered a March 26, 2019 Interim Stipulation and Award by adding language reserving WCAB jurisdiction over retroactive and future home health services after the employer signed it. The Board granted removal, finding that the repeated continuances and deposition-based development of the record would cause prejudicial delay and would preclude the WCJ from making credibility determinations in the first instance. Because the employer's allegation made the WCJ a potential witness, the Board found a reasonable person could doubt the WCJ's impartiality. The Board rescinded the May 10, 2023 Order and returned the matter to the Associate Chief Judge for reassignment to a different WCJ to create an evidentiary record and adjudicate the allegations through trial testimony.