Peremptory Challenges in California Workers' Compensation Cases

What a Peremptory Challenge Means in Workers' Compensation

In California workers' compensation disputes, a peremptory challenge allows a party to exclude a potential juror without stating a reason. Unlike a challenge for cause, it does not require proof that the juror is biased or unfit. The challenge is limited to a single juror per side and must be made before the trial begins.

Statutory Limits and Procedural Rules

California Code of Civil Procedure § 132.2(6) caps peremptory challenges at one per party in workers' compensation cases. The rule applies to all trials, whether heard by a judge or a panel of three judges. A challenge must be requested in writing on the day the jury is empaneled. Failure to do so forfeits the right for that trial.

Why the Limit Matters to Claimants and Employers

Because workers' compensation cases often involve a single judge or a small panel, the one‑juror limit can be decisive. Claimants may seek a juror who is sympathetic to injury claims, while employers may prefer a juror with a business‑oriented mindset. Attorneys must therefore evaluate each potential juror's background early, focusing on factors that could influence their perception of the case, such as prior experience with workplace injury claims or relationships with the parties involved.

Strategies for Maximizing the Impact of a Peremptory Challenge

1. Early Identification: Review the jury selection list as soon as it is available. Note any jurors who are employees of the plaintiff's or defendant's industry or who have publicly expressed opinions about workers' compensation.

2. Contextual Analysis: Consider the juror's profession, community involvement, and any media presence that might hint at biases.

3. Timing: File the written challenge on the exact day of jury selection. Delays can result in forfeiture.

4. Alternative Tactics: If the single challenge is unlikely to target the most detrimental juror, focus on pretrial motions to exclude evidence that could prejudice the jury.

Common Misconceptions

Many parties believe they can challenge multiple jurors. In California workers' compensation, the law expressly restricts the challenge to one per side. Attempting to challenge more will be rejected and may be viewed as contempt.

Another myth is that a peremptory challenge can be used for strategic purposes, such as targeting a juror who is a former employee of the opposing side. While the challenge is without cause, it cannot be used to discriminate based on protected characteristics under the California Constitution.

Practical Tips for Attorneys and Claimants

• Maintain a detailed log of all potential jurors, noting any connections to the case.

• Prepare a concise justification for the chosen juror to present to the judge if challenged.

• Understand that the judge may allow or deny the challenge based on whether the juror's background raises reasonable doubt of impartiality.

• After the challenge is resolved, focus on preparing for trial evidence and witness testimony, as the jury selection process is typically brief in workers' compensation proceedings.