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PanelGranted

Mete, Karahan

KARAHAN METE, Applicant vs. MIKE LOWRIE TRUCKING CO., INC.; CYPRESS INSURANCE COMPANY C/O BERKSHIRE HATHAWAY HOMESTATE COMPANIES, Defendants

ADJ number: ADJ10534411
Decision date: Jun 30, 2025
District office: Sacramento
WCJ: Wilkens
Claim administrator: Berkshire Hathaway Homestate Companies (Cypress Insurance Company)
Commissioners: CRAIG SNELLINGS, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER

Injury / body parts: hips, legs, knee, ankle

LC §5311LC §5310LC §123.7LC §5309CCR §10960

Summary

Pro per applicant Karahan Mete sought disqualification of WCJ Wilkens based on the WCJ's alleged conduct at hearings on January 13, 2025 and March 3, 2025, contending he could not receive a fair and impartial hearing. The WCJ filed a Report recommending denial, noting the petition lacked a verification and that there was no actual bias. The Appeals Board declined to dismiss the unverified petition because applicant was pro per, then evaluated the merits under Labor Code section 5311 and Code of Civil Procedure section 641. The Board found that although there was no actual bias, the WCJ's characterization of the case as 'dragging on' and his admonishment of applicant's word choice without considering applicant's pro per status created an appearance of bias. The Board granted the Petition for Disqualification and ordered the matter returned to the Presiding WCJ for reassignment to a different WCJ.

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.