Sharp Healthcare; American Manufacturers Mutual Insurance Company; and Broadspire Services, Inc., Adjusting Agency Catherine Robbins WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACATHERINE ROBBINS, Applicant,vs.SHARP HEALTHCARE; AMERICAN MANUFACTURERS MUTUAL INSURANCECOMPANY; and BROADSPIRE SERVICES, INC., Adjusting Agency, Defendants.Case No. SDO 0335934OPINION AND ORDER GRANTING PETITION FOR DISQUALIFICATION AND DECISION AFTER DISQUALIFICATION The law firm of Trovillion, Inveiss, Ponticello & Demakis (hereinafter, TIPD), representing the defendant, has filed a petition to disqualify Judge William J. Ordas, the workers’ compensation administrative law judge (WCJ) assigned to this matter, under Labor Code section 5311 and WCAB Rule 10452. (Cal. Code Regs., tit. 8, § 10452.)1 The petition alleges that Judge Ordas is biased against TIPD and its attorneys. These allegations are based principally upon past recusal orders of Judge Ordas indicating bias against the firm and its attorneys. Judge Ordas, while acknowledging past bias or the appearance of bias, maintains that, presently, he no longer has any bias against TIPD or any of its attorneys. On March 24, 2006, we issued a Notice of Intention to take this matter under submission within twenty days, based on the present record, absent (1) the filing of an affidavit from TIPD evidencing present bias beyond the declarations of past bias by Judge Ordas; and/or (2) submission of persuasive authority that once a judge is declared biased, the judge is deemed biased for all time. We also gave TIPD the opportunity to file a response to Judge Ordas’s January 27, 2006 Report and Recommendation provided it was filed within the same time frame. 1 This is one of multiple cases wherein TIPD has petitioned for disqualification of either Judge Ordas or his spouse, Judge Nikki Udkovich, who also sits as a WCJ at the San Diego District Office of the WCAB. , TIPD has filed a timely response. I
