Areallano, Maria Guadalupe Herrera

Applicant's attorney Kenneth Martinson filed two petitions to disqualify WCJ Eugene Gogerman, alleging bias and prejudgment in connection with a notice of intention to impose sanctions under Labor Code section 5813 for his apparent failure to comply with a Board Rule 10629 service designation. The dispute arose when applicant's counsel failed to appear in person on October 3, 2022, relied on a remote-hearing order he was designated to serve but apparently never served, causing defense counsel to needlessly travel to the district office. The WCJ issued a notice of intention (not a sanctions order), giving counsel an opportunity to respond, and noted Martinson's pattern of similar disqualification petitions across multiple cases. The WCAB adopted the WCJ's Reports, found no evidence of bias, and denied both petitions, cautioning that continued meritless petitions could be grounds for sanctions.