CLAUDIA ANDRADE vs. SOUTHERN CALIFORNIA EDISON; Permissibly Self-Insured

is a case involving Claudia Andrade and Southern California Edison, a permissibly self-insured company. On July 2, 2014, Arsineh Arakel, attorney for lien claimant Physical Rehabilitation Services, filed a Petition to disqualify the workers' compensation administrative law judge (WCJ) Glass. The Labor Code section 5311 provides that a WCJ may be disqualified per Code of Civil Procedure section 641 which lists seven grounds for disqualification. The Petition was granted on the ground that the WCJ may have expressed or formed an opinion on the merits of the action, and the case was returned to the Presiding Judge for assignment to a different WCJ.

SOUTHERN CALIFORNIA EDISON; Permissibly Self-Insured CLAUDIA ANDRADE WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACLAUDIA ANDRADE, Applicant,vs.SOUTHERN CALIFORNIA EDISON; Permissibly Self-Insured, Defendant.Case No. ADJ629563 (LAO 0880925)OPINION AND ORDER GRANTING PETITION FOR DISQUALIFICATION            On July 2, 2014, Arsineh Arakel, attorney for lien claimant Physical Rehabilitation Services filed a Petition to disqualify workers’ compensation administrative law judge (WCJ) Glass. Labor Code section 5311 provides that a WCJ may be disqualified per Code of Civil Procedure section 641 which lists seven grounds for disqualification. Code of Civil Procedure section 641 (f) includes as a ground fordisqualification that the WCJ has “formed or expressed an unqualified opinion or belief as to the merits of the action.”            In this case, without commenting on the weight of the evidence presented, there is an allegation that WCJ Glass expressed such a belief or opinion regarding this particular action. Whether or not he has expressed an opinion on the action, he has given the appearance that he has formed an opinion and we will return the matter to the Presiding Judge for assignment to a different WCJ.            We emphasize that we are granting this Petition solely on the ground that the WCJ may have expressed or formed an opinion on the merits of this action. We need not reach the issue of bias. Accordingly, the WCJ is only disqualified from conducting proceedings in ADJ629563 and ·may continue to conduct proceedings in other cases involving the same attorneys and parties.            For the foregoing reasons,            IT IS ORDERED that the Petition for Disqualification filed by Arsineh Arakel is hereby GRANTED. ,             IT IS FURTHER ORDERED that Workers’ Compensation Administrative Law Judge Glass is hereby DISQUALIFIED from hearing the case identified as ADJ629563, and this case is RETURNED to the Presiding Workers’ Compensation Administ

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