Calvin Gaines et al. — ADJ20216367

In this en banc decision, the WCAB consolidated twenty-four cases in which the same Van Nuys WCJ (Karinneh Aslanian) issued Orders Suspending Action (OSAs) on various Compromise and Release agreements submitted for approval. The WCJ suspended action because the parties failed to establish adequacy and failed to file supporting medical evidence, but went further by effectively compelling applicants to either obtain medical evaluations or dismiss their claims with prejudice, and questioning attorney's fees, all without notice or an opportunity to be heard. The Board granted all Petitions for Removal, finding the OSAs violated due process and constituted irreparable harm. The Board held that a WCJ must determine settlement adequacy to protect the injured worker and public interest, but must do so through proper procedures—issuing an OSA for minor corrections or setting an evidentiary hearing when adequacy concerns are significant. The Board rescinded each OSA, disqualified the WCJ for expressing biased, unqualified opinions (e.g., calling the system a 'free cash money handout' and 'get rich quick scheme'), and returned each case to the Presiding WCJ for reassignment.