“Section 5311 provides that a WCJ may be disqualified upon any one or more of the grounds specified in Code of Civil Procedure section 641.”
(Gaines, supra, at p. 24; Lab. Code, § 5311.)
“Among the grounds for disqualification under section 641 are that the WCJ has ‘formed or expressed an unqualified opinion or belief as to the merits of the action’ (Code Civ. Proc., § 641(f)) or that the WCJ has demonstrated ‘[t]he existence of a state of mind … evincing enmity against or bias toward either party.’ (Code Civ. Proc., § 641(g).)”
(Gaines, supra, at p. 24 [disqualification ordered on both grounds].)
“Every workers’ compensation administrative law judge shall abide by the Code of Judicial Ethics.”
(Cal. Code Regs., tit. 8, § 9721.1, as quoted in Gaines, supra, at p. 25; see Cal. Code Jud. Ethics, canons 1–3 [seeds ch. 24].)
“A judge shall uphold the integrity and independence of the judiciary.”
“A judge shall avoid impropriety and the appearance of impropriety in all of the judge’s activities.”
“A judge shall perform the duties of judicial office impartially, competently, and diligently.”
(Cal. Code Jud. Ethics, canons 1–3, as quoted in Gaines, supra, at p. 25 [seeds ch. 24].)
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