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PanelQMEMed-legalGranted

Linan, Armando

ARMANDO LINAN, Applicant vs. SHERMAN OAKS HOSPITAL (PRIME HEALTHCARE), SAFETY NATIONAL CASUALTY CORPORATION, administered by AMERICAN CLAIMS MANAGEMENT, Defendants

ADJ number: ADJ16699722
Decision date: Sep 8, 2025
District office: Van Nuys
WCJ: Carbone
Claim administrator: American Claims Management (administering for Safety National Casualty Corporation)
Commissioners: CRAIG SNELLINGS, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: upper extremities, right shoulder

LC §132aLC §5311LC §5313LC §5903LC §5952CCR §10960CCR §10964CCR §9721.12CCR §10346CCR §10787

Summary

Applicant Armando Linan sought disqualification of the assigned trial WCJ under WCAB Rule 10960 and Labor Code section 5311, alleging that the WCJ disclosed his spouse worked at Prime Healthcare (parent of defendant Sherman Oaks Hospital), that he was soon to be a patient of Prime Healthcare, and that he might be more likely to side with Prime Healthcare. Defendant filed a verified response confirming that all of applicant's factual allegations were '100% accurate.' The Board declined to make findings on whether automatic disqualification under AD Rule 9721.12(a)(7) applied because no evidentiary record was made, but found that the WCJ's alleged statements could reasonably raise concerns as to the appearance of bias or unfairness to a reasonable person with knowledge of the facts. The Board granted the petition, disqualified the WCJ, and returned the matter to the Presiding WCJ for reassignment to a new judge.

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.