Repetitive and cumulative stress of employment resulted in worker death, claim alleges
The unilateral and/or subjective perception of a party to a workers’ compensation case regarding whether there was bias did not constitute a factual or legal basis for disqualifying a workers’ compensation administrative law judge, a recent ruling said.
The case of Marsau vs. Stander Reubens Thomas Kinsey and Valley Forge Insurance, administered by CNA Claims Plus arose from two applications for the adjudication of a workers’ compensation claim. The first, filed on behalf of the deceased applicant, alleged that the repetitive and cumulative stress of his employment with the defendant resulted in his death last December.
The second was brought on behalf of the deceased’s dependents, specifically his widow, his daughter, and his son. Both applications were filed at the Sacramento District Office.
In February, the defendant filed a petition for disqualification relating to all workers’ compensation administrative law judges at the Sacramento and Stockton Appeals Board district offices. The defendant also brought a request to transfer the venue, based on the judges’ disqualification, to a district office other than the ones in Sacramento and Stockton.
A panel of the Workers' Compensation Appeals Board of California denied the petition for disqualification and the request to change the venue. The panel returned the matter to the workers’ compensation administrative law judge for further...
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