WCPanelIQ
PanelDenied

Rosette Simon — ADJ14760285, ADJ15149347

ROSETTE SIMON, Applicant vs. TESLA MOTORS, permissibly self-insured, administered by ZURICH SERVICES CORPORATION, Defendant

ADJ number
ADJ14760285, ADJ15149347
Decision date
Oct 26, 2026
District office
San Jose
WCJ
—
Claim administrator
Zurich Services Corporation
Commissioners
JOSÉ H. RAZO, COMMISSIONER, PAUL F. KELLY, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER
LC §5311LC §5903LC §5952LC §5313LC §5700CCR §10960CCR §10955CCR §10346CCR §9721.12CCR §10761

Summary

Defendant Tesla Motors, self-insured and administered by Zurich Services Corporation, filed a petition for removal challenging the WCJ's May 4, 2026 order taking the matter off calendar and closing discovery except for an additional primary treating physician report. Applicant Rosette Simon filed a petition for disqualification alleging the WCJ was biased. The WCAB panel reviewed the petitions, applicant's answer, and the WCJ's Report and Recommendation. The Board found the disqualification petition failed to establish bias with specific facts and that defendant failed to show substantial prejudice or irreparable harm from the off-calendar order. Both petitions were denied. The Board also addressed the WCJ's request for guidance on possible reassignment or recusal.

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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