Catherine Robbins

The defense firm Trovillion, Inveiss, Ponticello & Demakis (TIPD) petitioned to disqualify WCJ William J. Ordas under Labor Code section 5311 and WCAB Rule 10452, citing his four-plus years of recusal orders admitting bias against the firm stemming from prior ethics complaints filed by TIPD attorneys against Judge Ordas and his judge spouse. After DWC eliminated its blanket recusal policy in December 2005 and the Court Administrator warned Judge Ordas about job consequences for refusing to hear cases, Judge Ordas declared he was no longer biased. The Appeals Board held that bias or the appearance of bias against an attorney or law firm (not just a party) can be grounds for disqualifying a WCJ. The Board found no present actual bias but concluded there was an appearance of bias because a reasonable person might conclude Judge Ordas's sudden declaration of no bias was motivated by a desire to keep his job in light of the Court Administrator's admonitions about transfers and other opportunities. The Board granted the petition and disqualified Judge Ordas from this case, while emphasizing that future disqualification would not be automatic and must be supported by verified affidavits showing actual bias or appearance of bias on a case-by-case basis.