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PanelQMEMed-legalGranted in Part

Marco Monteiro — ADJ18956084

MARCO MONTEIRO, Applicant vs. APPLE, INC.; SAFETY NATIONAL CASUALTY CORP., as administered by SEDGWICK, Defendants

ADJ number: ADJ18956084
Decision date: Aug 24, 2026
District office: San Jose
WCJ: —
Claim administrator: Sedgwick (administering for Safety National Casualty Corp.)
Commissioners: JOSÉ H. RAZO, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER

Injury / body parts: endocrine system, psyche (alleged by defendant), neurological (panel requested)

LC §5311LC §139.2LC §3208.3LC §5903LC §5952LC §5313CCR §10964CCR §10960CCR §10955CCR §10761CCR §10787

Summary

Applicant Marco Monteiro sought disqualification of the WCJ, alleging the WCJ erroneously ordered his matter off calendar and failed to set various issues for hearing. The WCAB denied disqualification, finding no evidence of bias or a fixed opinion, since erroneous rulings alone do not establish bias. However, the Board treated the petition as one for removal of the May 14, 2026 order taking the matter off calendar and granted removal, finding the order was issued without a record or explanation of the need for further development, violating due process. The Board rescinded the order and returned the matter to the trial level to set an MSC where the WCJ may resolve the parties' various discovery disputes, including the endocrinology panel and defendant's requested psychiatric panel and record release.

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.