CompFox AI Summary
The applicant, Atefa Samadi, filed a Petition for Disqualification against the WCJ following an expedited hearing. The Appeals Board reviewed the petition and the WCJ's Report and Recommendation. The Board adopted the WCJ's report and denied the petition on the merits, citing Labor Code section 5311 and Code of Civil Procedure section 641, which govern the grounds for disqualification. The WCAB found that the petition did not present sufficient facts to establish disqualification, and a judge's expressions of opinion or erroneous rulings in the discharge of official duties are not evidence of bias. The WCJ's report detailed past hearings where the applicant exhibited disruptive behavior and the WCJ's attempts to ensure due process while managing complex issues.
Full Decision Text1 Pages
The applicant, Atefa Samadi, filed a Petition for Disqualification against the WCJ following an expedited hearing. The Appeals Board reviewed the petition and the WCJ's Report and Recommendation. The Board adopted the WCJ's report and denied the petition on the merits, citing Labor Code section 5311 and Code of Civil Procedure section 641, which govern the grounds for disqualification. The WCAB found that the petition did not present sufficient facts to establish disqualification, and a judge's expressions of opinion or erroneous rulings in the discharge of official duties are not evidence of bias. The WCJ's report detailed past hearings where the applicant exhibited disruptive behavior and the WCJ's attempts to ensure due process while managing complex issues.
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