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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. ADJ4631701
Regular
Oct 19, 2012

ROCIO SALINAS vs. TUTOR & SALIBA, INTERCARE

The Workers' Compensation Appeals Board granted reconsideration and rescinded the WCJ's previous decision in the case of Salinas v. Tutor & Saliba. The Board adopted the WCJ's report and returned the matter to the trial level for further proceedings and a new decision. This order is not a final decision on the merits, and parties retain the right to seek reconsideration of the future WCJ decision.

Workers' Compensation Appeals BoardReconsiderationRescinded DecisionFurther ProceedingsWCJ DecisionTutor & SalibaIntercareADJ4631701OAK District OfficeOpinion and Order
References
Case No. ADJ9537056
Regular
Mar 23, 2015

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

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.

Workers' Compensation Appeals BoardROCIO CHAYRAFIRST TRANSIT AMERICANEW HAMPSHIRE INSURANCE COMPANYSEDGWICK CMSFindings and AwardPetition for ReconsiderationPanel Qualified Medical EvaluatorPQMETemporary Total Disability
References
Case No. ADJ10589446
Regular
Sep 04, 2019

ROCÍO BRAVO vs. RAM-Z-FAM., INC., dba MCDONALDS, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, BROADSPIRE

The Workers' Compensation Appeals Board granted the lien claimant's petition for reconsideration, rescinding a prior order that denied payment for medical services. The Board found that the employer's liability for medical treatment under Labor Code section 5402(c) begins the day after a claim form is filed. The case was returned to the trial level for further proceedings to determine if the applicant filed a claim form with the employer before the lien claimant provided services. This determination is crucial for establishing the employer's liability for the lien.

Workers' Compensation Appeals BoardROCIO BRAVORAM-Z-FAM.INC.TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICABROADSPIREADJ10589446Petition for ReconsiderationLien ClaimantFindings and Order
References
Case No. ADJ8004557; ADJ8489417; ADJ8004568
Regular
Aug 19, 2015

ROCIO LUMBRANO vs. VOORTMANS EGG RANCH, IMPERIUM INSURANCE COMPANY

Attorney Brenda E. Vargas is sanctioned $1,500 and ordered to pay defense and applicant's attorneys' fees for filing a frivolous and time-barred petition for reconsideration. Vargas lacked standing as she never substituted into the case as attorney of record, failing to address multiple warnings. The Appeals Board found her petition lacked any proof of representation, citation to the record, and was filed well beyond the statutory deadline.

RemovalSanctionsProof of RepresentationPetition for ReconsiderationTime-BarredFrivolousSubstitution of AttorneyStandingLegal JustificationPleading
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. ADJ6721905
Regular
Aug 29, 2013

ROCIO GUTIERREZ vs. HILTON GARDEN INN, EMPLOYERS COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration because it was untimely filed, unverified, and sought reconsideration of a non-final evidentiary order. The defendant's filing also improperly stayed proceedings and was not properly served on all adverse parties. The Board returned the case to the trial level, allowing the WCJ to consider issuing sanctions against the defendant and its counsel for their litigation conduct.

Petition for ReconsiderationUntimely FilingUnverified PetitionNon-Final OrderEvidentiary OrderLabor Code Section 5903Labor Code Section 5902Labor Code Section 5900Claims ExaminerWCJ Order
References
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