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PanelDenied

Masis, Alex Castillo

ALEX CASTILLO MASIS, Applicant vs. EAST BAY FOODS INC; EMPLOYERS ASSURANCE SAN FRANCISCO, Defendants

ADJ number: ADJ10678864
Decision date: Aug 7, 2025
District office: San Francisco
WCJ: —
Claim administrator: Employers Assurance San Francisco
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, PATRICIA A. GARCIA, DEPUTY COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER

LC §5311LC §5813LC §6068CCR §10960CCR §10421CCR §10945

Summary

Applicant's attorney Kenneth Martinson filed a Petition for Disqualification against the WCJ, alleging among other things that the WCJ purposefully did not allow the applicant and interpreter into a hearing. The WCAB reviewed the petition and the WCJ's report and found the petition failed to set forth specific facts, declared under penalty of perjury, sufficient to establish disqualification under Labor Code section 5311, CCP section 641(f)/(g), and WCAB Rule 10960. The Board denied the petition, holding that expressions of judicial opinion in the discharge of duties and rulings against a litigant are not grounds for disqualification. The Board declined to impose sanctions but admonished attorney Martinson regarding his duty of candor and the inappropriateness of citing alleged practices in other district offices without legal authority.

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.