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PanelDismissed

Navroth II, John

JOHN NAVROTH II, Applicant vs. MERVYN’S STORES; ACE AMERICAN INSURANCE COMPANY, administered by CONSTITUTION STATE SERVICES, Defendants

ADJ number: ADJ8209954
Decision date: Nov 12, 2023
District office: Santa Ana
WCJ: —
Claim administrator: Constitution State Services (administering for ACE American Insurance Company)
Commissioners: JOSEPH V. CAPURRO, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

LC §5311LC §5900LC §5902LC §5903LC §3202.5LC §5705CCR §10960

Summary

Applicant John Navroth II sought reconsideration of a September 7, 2023 Opinion and Order Denying his Petition for Judicial Disqualification of the WCJ who presided over his December 29, 2022 trial. Applicant alleged the WCJ demonstrated the appearance of bias and was physically impaired, and that court personnel inaccurately reported the trial proceedings. The Board determined that its prior O&O resolved only an intermediate procedural/evidentiary issue and was therefore not a 'final' decision subject to reconsideration. The Board dismissed the petition to the extent it sought reconsideration and denied it to the extent it sought removal, finding applicant offered no independent evidence to support allegations of bias and that the WCAB has no independent duty to augment the record where the existing record is sufficient.

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.