WCPanelIQ
PanelDenied

Espino, Javier

JAVIER ESPINO, Applicant vs. KRAFT FOODS dba FULLERTON FOODS; ACE AMERICAN INSURANCE COMPANY, administered by BROADSPIRE, Defendants

ADJ number
ADJ326655
Decision date
Nov 19, 2025
District office
Los Angeles
WCJ
—
Claim administrator
Broadspire (administering for ACE American Insurance Company)
Commissioners
JOSÉ H. RAZO, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR
LC §5311LC §5903LC §5952LC §5313CCR §10960CCR §10955CCR §10761

Summary

Defendant Kraft Foods/ACE American (administered by Broadspire) petitioned for both removal of the WCJ's September 17, 2025 order setting the matter for trial and disqualification of the WCJ, alleging actual bias and that the WCJ expressed unqualified opinions on the merits of the claim. The applicant did not file an answer, and the WCJ filed separate Reports recommending denial of both petitions. The Board denied disqualification because defendant failed to include the required verified affidavit under WCAB Rule 10960 and because expressions of opinion or adverse rulings by a WCJ generally do not constitute bias. The Board denied removal because defendant failed to demonstrate substantial prejudice or irreparable harm, noting reconsideration would be an adequate remedy and the parties would have a full opportunity to develop the record at trial.

Issues

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Holding

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Analysis

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