WCPanelIQ
PanelMed-legalDenied

De Santiago Carrillo, Francisco

FRANCISCO DE SANTIAGO CARRILLO, Applicant vs. NEAL TRUCKING INC.; TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, administered by CBCS, INC., Defendants

ADJ number
ADJ18395672
Decision date
Oct 12, 2025
District office
Long Beach
WCJ
—
Claim administrator
CBCS, Inc. (administering for Travelers Property Casualty Company of America)
Commissioners
JOSÉ H. RAZO, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER, CRAIG L. SNELLINGS, COMMISSIONER

Injury / body parts: brain, orthopedic injuries (multiple body parts)

LC §5311LC §5502LC §5700LC §5903LC §5952LC §5313CCR §10964CCR §10960CCR §10109CCR §10955CCR §10744CCR §10761

Summary

Defendant Neal Trucking, insured by Travelers and administered by CBCS, sought removal from a WCJ's May 15, 2025 order taking the matter off calendar, and separately sought disqualification of the WCJ for alleged bias. Defendant argued that a WCJ loses discretion to manage the trial calendar once a party fails to object to a declaration of readiness to proceed (DOR). The Board found that defendant failed to show irreparable harm or that reconsideration would be an inadequate remedy, and that the WCJ retains discretion under Labor Code section 5700 to set or continue trial regardless of an unopposed DOR. The Board also denied disqualification because defendant submitted no affidavit or declaration under penalty of perjury and showed no actual bias—the WCJ's raising of possible sanctions appeared to be a reasonable response to defendant's unilateral cancellation of a neurology evaluation and desire to proceed without evaluations on other claimed body parts. Both petitions were denied.

Issues

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Holding

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Analysis

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Defense takeaway

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