WCPanelIQ
PanelDenied

Navroth, John, II

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

ADJ number
ADJ8209954
Decision date
Sep 6, 2023
District office
Santa Ana
WCJ
Jeremey Clifft
Claim administrator
Constitution State Services (administering ACE American Insurance Company)
Commissioners
JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR
LC §5311CCR §10960CCR §10964

Summary

Applicant John Navroth II filed a Petition for Disqualification seeking to remove the WCJ, alleging that the WCJ's concern for the health of a family member compromised his cognitive and memory processes, that he exhibited increased anxiety in his courtroom demeanor, and that his trial directions and demeanor demonstrated actual or apparent bias against applicant. The Board found the Petition procedurally deficient because it lacked the required affidavit/declaration with detailed supporting facts and was filed more than 10 days after the December 29, 2022 alleged conduct. Notwithstanding these procedural irregularities, the Board considered the Petition on the merits because it set forth detailed facts under penalty of perjury. The Board concluded that the factual assertions were not borne out with specificity in the Minutes of Hearing and were not confirmed by a transcript or other independent evidence, and that judicial frustration, demeanor, or rulings do not establish bias. The Petition for Disqualification was denied.

Issues

Member is $25/month or $250/year and includes full case search.

Holding

Member is $25/month or $250/year and includes full case search.

Analysis

Member is $25/month or $250/year and includes full case search.

Applicant takeaway

Member is $25/month or $250/year and includes full case search.

Defense takeaway

Member is $25/month or $250/year and includes full case search.

Provider takeaway

Member is $25/month or $250/year and includes full case search.

Similar decisions

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.