Janet M. Winkler, vs. Department Of Industrial Relations, Legally Uninsured,

This case involves Janet M. Winkler, who has filed a petition to disqualify an assigned Workers' Compensation Judge. The petition was denied as untimely, as extensive testimony had already been taken by the WCJ in 2004. The petition was also denied as there was no evidence that the WCJ had refused to comply with the Decision after Reconsideration, or that the parties had developed the record as required.

DEPARTMENT OF INDUSTRIAL RELATIONS, Legally Uninsured, JANET M. WINKLER, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJANET M. WINKLER, Applicant,vs.DEPARTMENT OF INDUSTRIAL RELATIONS, Legally Uninsured, Defendants,Case No. ADJ4547203 (VNO 0444524)ADJ374720 (OXN 0126841)OPINION AND ORDER DENYING PETITION FOR DISQUALIFICATION            Applicant has filed a Petition, to Disqualify Assigned Workers’ Compensation Judge. Applicant contends that Workers’ Compensation Administrative Law Judge (WCJ) Barry R. Goldman “has not followed the WCAB’s instructions [in our Opinion and Decision after Reconsideration dated November 20, 2007], and has shown bias against the applicant in doing so, and has demonstrated a lack of interest in affording the applicant her ‘day in court.’ … In this particular case, there is certainly an appearance that there is bias against the applicant, which at least, in part, may be due to the position that the applicant held with one of the Judge’s colleagues” (page 5). We have received an answer from defendant.            In the Opinion and Decision after Reconsideration dated November 20, 2007, we rescinded the Findings and Award dated August 9, 2006, and returned the matter to the trial level for further proceedings. We specified eight issues that needed to be addressed, including developing the record on the issue of apportionment in applicant’s and defendant’s qualified K medical evaluator (QME) reporting on the heart and gastrointestinal injuries (page 5-6) and the issue of attorney’s fees from the award of temporary total disability indemnity award (page 6).            On April 22, 2008, there was a status conference at which defendant was instructed to provide an accounting of benefits to applicant, and applicant was instructed to file a petition for , attorney’s fees. Applicant filed a petition. At another conference on June 24, 2008, defendant was given ten days to respond to applicant’s petition, after which the issue was subm

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