Karin Chen's Legal Case Against California's Workers' Compensation

In this case, Karin Chen applied for disqualification of the workers' compensation administrative law judge due to alleged "actual bias". The judge had attempted to refer Chen to an independent medical examiner in 2011, after discussing the issue with the parties and the Information and Assistance Officer. Chen filed an ethics complaint against the judge, who then restored the case to the calendar. The judge recommended that the petition for disqualification be denied, as there were no legal grounds for it. The Workers' Compensation Appeals Board agreed and denied the petition.

State Of California, Department Of Transportation; State Compensation Insurance Fund Karin Chen WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAKARIN CHEN, Applicant, vs.STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION; STATE COMPENSATION INSURANCE FUND, Defendants.Case Nos. ADJ999430 (PAS 0009969)ADJ3798683 (LAO 0577997)ADJ1783473 (LAO 0785005)ORDER DENYING DISQUALIFICATION            We have considered the allegations of the Petition for Disqualification and the contents of the report of the workers’ compensation administrative law judge with respect thereto. Based on our review of the record, and for the reasons stated in said report, which we adopt and incorporate, we will deny disqualification.            In addition, we note that applicant has failed to comply with WCAB Rule 10452 in that her petition was not timely filed and included no affidavit or declaration, as required by the rule. (Cal. Code Regs., tit. 8, § 10452.)            Furthermore, we urge applicant to consult further with the Information and Assistance Officer because workers’ compensation law is complex and it appears applicant does not comprehend the legal issues. ,  For the foregoing reasons, IT IS ORDERED that said Petition for Disqualification, be, and the same hereby is, DENIED.WORKERS’ COMPENSATION APPEALS BOARD________________________________________________FRANK M. BRASSI CONCUR, _______________________________________________DEIDRA E. LOWE_______________________________________________MARGUERITE SWEENEYDATED AND FILED AT SAN FRANCISCO, CALIFORNIAJAN 31 2013SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.KARIN CHENDEPARTMENT OF GENERAL SERVICESKEYES & KIRKORIANSTATE COMPENSATION INSURANCE FUNDWILLIAM LINDHEIMabs , CASE NO.: ADJ999430KARIN CHEN-Vs.,STATE OF CALIFORNIA; SCIF,WORKERS’ COMPENSATION JUDGE: RICHARD SHAPIRODATE OF INJURY: MAY 1, 1987 -AUGUST 29, 1990REPORT AND RECOMMENDATIONON PETITIO

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