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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ8489417, ADJ8004557, ADJ8004568
Regular
Jun 30, 2015

ROCIO LUMBRANO vs. VOORTMANS EGG RANCH, IMPERIUM INSURANCE COMPANY

This Workers' Compensation Appeals Board case involves applicant Rocío Lumbrano against Voortmans Egg Ranch and Imperium Insurance Company. The Board dismissed the applicant's petition for reconsideration on procedural grounds. The Board also initiated removal proceedings on its own motion and issued a notice of intention to sanction the applicant and/or her representative for engaging in frivolous litigation.

Rocio LumbranoVoortmans Egg RanchImperium Insurance CompanyADJ8489417ADJ8004557ADJ8004568Pomona District OfficePetition for ReconsiderationDismissing PetitionGranting Removal
References
Case No. ADJ8332660
Regular
Feb 28, 2019

CELEDONIO RAMIREZ vs. MANO PALLETS, INC.; IMPERIUM, adjusted by ATHENS

The Workers' Compensation Appeals Board (WCAB) dismissed a Petition for Removal filed by the defendant. The petition was dismissed because it was untimely, as it was filed on December 3, 2018, beyond the November 13, 2018 deadline for seeking removal of the WCJ's October 19, 2018 Findings and Order. The WCAB emphasized that filing with the Board, not just mailing, is required to meet the deadline. Furthermore, even if timely, the petition would likely have been denied due to a lack of demonstrated prejudice.

Petition for RemovalUntimely FilingDismissalWCABWorkers' Compensation Administrative Law Judge (WCJ)Findings and OrderService by MailTime ExtensionProof of FilingSubstantial Prejudice
References
Case No. ADJ7263382
Regular
Dec 24, 2015

Grace Navarro vs. CITY OF OXNARD HOUSING AUTHORITY, PENNSYLVANIA MANUFACTURERS ASSOCIATION INSURANCE, AMERICAN CLAIMS MANAGEMENT, DELOS INSURANCE, IMPERIUM INSURANCE, ATHENS ADMINISTRATORS

In this workers' compensation case, the Appeals Board reviewed a dispute over which insurance carrier was liable for applicant Grace Navarro's cumulative trauma injury. The initial arbitrator found only Pennsylvania Manufacturers Association Insurance Company liable, excluding Delos Insurance. Pennsylvania Manufacturers sought reconsideration, arguing Delos should share liability based on its coverage period. After reviewing the complete evidence, the Appeals Board affirmed the original arbitrator's decision, finding Pennsylvania Manufacturers solely liable.

WORKERS' COMPENSATION APPEALS BOARDGRACE NAVARROCITY OF OXNARD HOUSING AUTHORITYPENNSYLVANIA MANUFACTURERS ASSOCIATION INSURANCEDELOS INSURANCEIMPERIUM INSURANCEATHENS ADMINISTRATORSADJ7263382RECONSIDERATIONCUMULATIVE TRAUMA
References
Case No. ADJ481937 (RIV 0081478)
Regular
Mar 08, 2018

JERRY OLVERA vs. CEMENT UNLIMITED, IMPERIUM INSURANCE COMPANY, ATHENS ADMINISTRATORS

In Olvera v. Cement Unlimited, the Workers' Compensation Appeals Board dismissed a petition for reconsideration because it was untimely filed. The petition was electronically filed one day after the jurisdictional deadline of January 23, 2018, as the Order Dismissing Lien was served by mail on December 29, 2017. The Board reiterated that the filing deadline is jurisdictional and requires actual receipt of the petition, not just proof of mailing. Therefore, the Appeals Board lacked the authority to consider the merits of the petition.

Petition for ReconsiderationUntimely FilingJurisdictional Time LimitWorkers' Compensation Appeals BoardAdministrative Law JudgeService by MailProof of FilingElectronic FilingOrder Dismissing LienMaranian v. Workers' Comp. Appeals Bd.
References
Case No. ADJ8127321
Regular
Aug 02, 2018

Miguel Anaya Cortez vs. Chem-Mex Industries Inc., Imperium Insurance Co., Cypress Insurance Company

The Workers' Compensation Appeals Board rescinded a prior decision and returned the matter for further proceedings. The Board found that the lien claimant failed to prove the reasonableness and necessity of its charges for copying services, but that the defendant waived objections due to failing to contest the invoices within the statutory 60-day period. The Board also noted issues with the lien claimant's service of process and the accuracy of certain invoices, requiring further clarification at the trial level. Finally, the Board found that despite defective service of subpoenas and invoices, the defendants had sufficient notice and opportunity to raise objections, thus suffering no prejudice.

Workers' Compensation Appeals BoardLien claimantReconsiderationFindings and OrderAdministrative Law JudgeDue processLabor CodeSan Diego ImagingChem-Mex IndustriesCypress Insurance Company
References
Case No. ADJ7284005 ADJ7912473
Regular
Mar 04, 2020

RONALD PHILPOT vs. PERFORMANCE DAIRY SERVICES, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, ULLICO CASUALTY COMPANY, IMPERIUM INSURANCE COMPANY

The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration, rescinding the prior findings and ordering that reports from Drs. Miner and Van de Bittner be admitted into the record and provided to the IME. The Board found it was error to strike these reports, as admissibility and substantiality are distinct issues, and the IME should review all relevant evidence for a complete evaluation. Consequently, the record will be further developed, and the defendant CIGA's petition for reconsideration was dismissed.

Workers' Compensation Appeals BoardCIGAULLICOIMPERIUM INSURANCE COMPANYTRISTAR RISK MANAGEMENTJoint Findings of FactAward and OpinionAOE/COEIndependent Medical EvaluatorAgreed Medical Evaluator
References
Case No. ADJ8004557, ADJ8489417, ADJ8004568
Regular
Oct 26, 2015

ROCO LUMBRANO vs. VOORTMANS EGG RANCH, IMPERIUM INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) has granted the applicant's petition for reconsideration in the case of Roco Lumbrano versus Voortmans Egg Ranch and Imperium Insurance Company. The WCAB found that further study of the factual and legal issues was necessary to ensure a just and reasoned decision. All future communications regarding the petition must be directed to the Office of the Commissioners, not district offices. The WCAB also noted that trial level actions not related to the petition should continue through EAMS, but any proposed settlement must be promptly communicated to the Appeals Board.

WCABPetition for ReconsiderationGrant of ReconsiderationStatutory Time ConstraintsFactual IssuesLegal IssuesJust and Reasoned DecisionOffice of the CommissionersElectronic Adjudication Management SystemEAMS
References
Case No. ADJ6961731 ADJ6959844 ADJ6959868
Regular
Aug 26, 2019

ANTONIO ROMERO vs. MEXICAN AMERICAN OPPORTUINTY FOUNDATION, EVEREST NATIONAL INSURANCE COMPANY, GALLAGHER BASSETT, IMPERIUM INSURANCE COMPANY, ATHENS ADMINISTRATORS, PMAIC, AMERICAN CLAIMS MANAGEMENT

This case concerns a timely filed Petition for Reconsideration by the defendant, Imperium Insurance Company, regarding a WCJ's order dismissing liens. The Appeals Board vacated its previous dismissal order, finding the petition was timely under WCAB Rule 10507(a)(2) due to the defendant's out-of-state address. The Board also rescinded the WCJ's findings and returned the matter for further proceedings. The core issue is whether the equitable doctrine of laches applies to lien claimants who failed to file required declarations under Labor Code section 4903.8(d) for pre-2013 liens.

WCAB Rule 10507(a)(2)Petition for Reconsiderationuntimely filingLabor Code section 4903.8(d)lien claimantsdeclarationsSenate Bill 863equitable doctrinelachesWCJ
References
Case No. ADJ7160003
Regular
May 30, 2018

MARICELA ESPITIA CRUZ vs. SNOWCREEK RESORT CONDOMINIUMS IMPERIUM

The Workers' Compensation Appeals Board (WCAB) dismissed a lien claimant's petition for removal and denied their petition for reconsideration. The WCJ had dismissed the lien claim due to the claimant's failure to appear at a noticed lien trial. The WCAB found no good cause for the non-appearance, nor grounds for relief under Code of Civil Procedure section 473. Furthermore, the WCAB dismissed the removal petition as reconsideration, not removal, was the proper remedy for a final order dismissing a lien.

Workers' Compensation Appeals BoardPetition for RemovalPetition for ReconsiderationLien ClaimantLien TrialWCJDismissalFailure to AppearGood CauseCode of Civil Procedure Section 473
References
Case No. ADJ7884570
Regular
Jan 04, 2013

DANIELE MALOSSI vs. FDC MANAGEMENT, IMPERIUM INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration as untimely. The applicant failed to file the petition within the mandatory 25-day window after service of the Findings and Order. The Board found no evidence the petition was received by the WCAB by the October 19, 2012 deadline, despite the applicant's claim of mailing it earlier. The applicant may still file a new petition if they can prove timely receipt by the WCAB.

Petition for ReconsiderationTimelinessJurisdictionalFiling DateReceipt DateWCABWCJEAMSSupplemental PetitionDismissal
References
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