WCPanelIQ
PanelDenied

Lorena Flores Alvarez — ADJ10410059

LORENA FLORES ALVAREZ, Applicant vs. VALLEY FINE FOODS; TRAVELERS INSURANCE COMPANY, Defendants

ADJ number
ADJ10410059
Decision date
Oct 9, 2022
District office
San Francisco
WCJ
Eugene Gogerman
Claim administrator
Travelers Insurance Company
Commissioners
—

Injury / body parts: neck, right upper extremity, right shoulder

LC §5311CCR §10960CCR §10625CCR §10410CCR §10759CCR §10629

Summary

Applicant Lorena Flores Alvarez filed petitions to disqualify WCJ Eugene Gogerman, alleging bias after he issued an order to show cause regarding monetary sanctions against her attorney for repeated procedural violations. The WCJ had issued the OSC after applicant's counsel repeatedly refiled continuance requests without proper proof of service, failed to comply with Rule 10629 service obligations, and addressed the court in a disrespectful manner. The WCAB adopted and incorporated the WCJ's report, finding that the petition failed to set forth verified facts sufficient to establish disqualification under Labor Code section 5311, CCP section 641(f)/(g), and WCAB Rule 10960. The Board reasoned that judicial rulings and expressions of opinion in the course of official duties—including sanctions orders—do not constitute evidence of bias. The petitions for disqualification were denied.

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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