What the panel ordered
Petition for Disqualification granted; proceedings reassigned to Presiding Judge Robert Rassp
Petition for disqualification of the WCJ granted; matter reassigned to Presiding Judge Robert Rassp for further proceedings
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The WCJ issued an unqualified opinion on the merits before submission, creating an appearance of prejudgment, warranting disqualification under CCP 641(f) and WCAB Rule 10960.
From the decision · page 1Applicant seeks disqualification of the workers' compensation administrative law judge (WCJ) based upon the WCJ's alleged conduct at trial. Applicant argues that the WCJ has formed or expressed an unqualified opinion or belief as to the merits of the action and that the WCJ evinced enmity against or bias toward applicant.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
The WCJ issued a notice of intent to impose sanctions containing an unqualified statement that applicant's position lacks merit before the case was submitted.