Home/Case Law/DOMINGA FRIAS vs. CANCUN TAQUERIA INC., ROSTIZERIA INC., REPUBLIC UNDERWRITERS INSURANCE COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES
Regular DecisionDecision After Removal

DOMINGA FRIAS vs. CANCUN TAQUERIA INC., ROSTIZERIA INC., REPUBLIC UNDERWRITERS INSURANCE COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES

Filed: Mar 10, 2023
San Francisco
ADJ10371478

CompFox AI Summary

This case involves a petition to disqualify a Workers' Compensation Judge (WCJ) for bias. The applicant's attorney requested an electronic hearing due to health concerns for their father, providing a doctor's note and evidence of defense counsel's consent. The WCJ denied the request via order without a hearing, citing procedural rule violations. While the Appeals Board denied the disqualification petition, finding no actual bias, they granted removal. The Board rescinded the WCJ's order, deeming it a due process violation, and returned the matter for further proceedings to allow for proper consideration of the electronic hearing request.

Full Decision Text1 Pages

This case involves a petition to disqualify a Workers' Compensation Judge (WCJ) for bias. The applicant's attorney requested an electronic hearing due to health concerns for their father, providing a doctor's note and evidence of defense counsel's consent. The WCJ denied the request via order without a hearing, citing procedural rule violations. While the Appeals Board denied the disqualification petition, finding no actual bias, they granted removal. The Board rescinded the WCJ's order, deeming it a due process violation, and returned the matter for further proceedings to allow for proper consideration of the electronic hearing request.

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