Home/Case Law/ROCIO CHAYRA vs. FIRST TRANSIT AMERICA, NEW HAMPSHIRE INSURANCE COMPANY, SEDGWICK CMS
Regular DecisionWorkers' Compensation

ROCIO CHAYRA vs. FIRST TRANSIT AMERICA, NEW HAMPSHIRE INSURANCE COMPANY, SEDGWICK CMS

Filed: Mar 23, 2015
San Luis Obispo
ADJ9537056

CompFox AI Summary

This case involves an appeal by the defendant regarding a workers' compensation award for an applicant injured as a bus driver. The applicant was awarded temporary disability benefits and a 25% penalty for the defendant's unreasonable delay in payment after a Panel Qualified Medical Evaluator's report indicated disability. The Workers' Compensation Appeals Board granted reconsideration to clarify the penalty period, confirming the delay from December 9, 2013, to July 14, 2014, and affirming the defendant's liability for the penalty on that period, less any EDD lien. The Board found the defendant failed to commence benefits or act as required by Labor Code Section 4063 after receiving the PQME's report, justifying the penalty.

Full Decision Text1 Pages

This case involves an appeal by the defendant regarding a workers' compensation award for an applicant injured as a bus driver. The applicant was awarded temporary disability benefits and a 25% penalty for the defendant's unreasonable delay in payment after a Panel Qualified Medical Evaluator's report indicated disability. The Workers' Compensation Appeals Board granted reconsideration to clarify the penalty period, confirming the delay from December 9, 2013, to July 14, 2014, and affirming the defendant's liability for the penalty on that period, less any EDD lien. The Board found the defendant failed to commence benefits or act as required by Labor Code Section 4063 after receiving the PQME's report, justifying the penalty.

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