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PanelDenied

Angelica Rodriguez — ADJ10102998

ANGELICA RODRIGUEZ, Applicant vs. PANDA RESTAURANT GROUP; NEW HAMPSHIRE INSURANCE COMPANY, ADMINISTERED BY SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants

ADJ number: ADJ10102998
Decision date: Sep 27, 2022
District office: Anaheim
WCJ: —
Claim administrator: Sedgwick Claims Management Services (administering New Hampshire Insurance Company)
Commissioners: CRAIG SNELLINGS, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, KATHERINE WILLIAMS DODD, COMMISSIONER

LC §5311CCR §10960

Summary

Applicant Angelica Rodriguez, appearing in pro per, filed a Petition for Disqualification seeking to remove the workers' compensation administrative law judge (WCJ) assigned to her case. The WCAB considered the petition's allegations along with the WCJ's report. The Board found that the petition failed to set forth facts, declared under penalty of perjury, sufficient to establish any ground for disqualification under Labor Code section 5311, WCAB Rule 10960, and Code of Civil Procedure section 641(f) and/or (g). The Board reaffirmed long-standing principles that conclusory allegations of bias, expressions of opinion in the course of judicial duties, and erroneous rulings do not constitute grounds for disqualification. The Petition for Disqualification was 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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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.