CompFox AI Summary
The Workers' Compensation Appeals Board granted the applicant's petition for removal due to the assigned judge's reported threat to refer him to the District Attorney if he continued testifying. While the judge did not deny the threat, she stated it was to ensure attorneys observed the applicant's demeanor. The Board found this action created an appearance of bias and prejudiced the applicant's right to a fair hearing. Therefore, the case was transferred to a new judge to ensure substantial justice and an unbiased determination of the merits.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted the applicant's petition for removal due to the assigned judge's reported threat to refer him to the District Attorney if he continued testifying. While the judge did not deny the threat, she stated it was to ensure attorneys observed the applicant's demeanor. The Board found this action created an appearance of bias and prejudiced the applicant's right to a fair hearing. Therefore, the case was transferred to a new judge to ensure substantial justice and an unbiased determination of the merits.
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