Santa Catalina Island Company; Fireman’S Fund Sacramento Frederick Kilbride WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAFREDERICK KILBRIDE, Applicant,vs.SANTA CATALINA ISLAND COMPANY; FIREMAN’S FUND SACRAMENTO, Defendant(s).Case No. ADJ4044629OPINION AND ORDERS DENYING PETITION FOR DISQUALIFICATION, GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the Findings and Award of May 27, 2010, in w hich the workers’ compensation judge (WCJ) found, in relevant part, that applicant sustained industrial injury on March 7, 1996, that pursuant to Labor Code section 5811 and WCAB Rule 10561, applicant is entitled to travel costs, lost income, lodging, and transportation for medical evaluations and appearances at the District Office of the WCAB, that applicant is entitled to further medical treatment, and that defendant failed to present evidence that would justify continued delay or refusal to accept liability for treatment recommendations. Defendant contends, in substance, that applicant is not entitled to the costs awarded by theWCJ.Applicant filed an answer.In addition, defendant has filed a petition for disqualification of the presently-assigned WCJ. alleging that the W’CJ should be disqualified “in all future hearings in this case” because she is biased.Applicant filed a response. , In reference io lhe petition for disqualification, we note that the petition is proccdurally defective under WCAB Rule 10452 because applicant has already been sworn in this matter, and the rule provides that **n no event shall [a petition for disqualification] be allowed after the swearing of the first witness.” Furthermore, defense counsel’s disagreement with the WCJ’s legal findings is not evidence of bias. As noted in Robbins v. Sharp Healthcare (2006) 71 Cal. Comp. Cases 1291, 1310 (Significant Panel DccisionJ, a judge’s disagreement with an attorney’s legal arguments, and even erroneous rulings by a judge, ord
Frederick Kilbride vs. Santa Catalina Island Company; fireman’s Fund Sacramento
In this case, the Santa Catalina Island Company and Fireman's Fund Sacramento were found liable for the applicant's industrial injury on March 7, 1996. The Workers' Compensation Appeals Board denied the petition for disqualification of the WCJ, granted reconsideration of the Findings and Award of May 27, 2010, and issued a Decision After Reconsideration. The Board found that the applicant is entitled to further medical treatment that is reasonably required to cure or relieve him from the effects of his industrial injury, to the extent provided in Labor Code section 4600(e), and is not entitled to travel costs, lost income, lodging, or transportation for appearances at the District Office of the WCAB. The matter was returned to the trial
- Filed On:
- Court: California, Long Beach
- Case No. ADJ4044629
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