Home/Case Law/BENITEZ vs. LA FITNESS INTERNATIONAL, LIBERTY MUTUAL
Regular DecisionRegular Panel Decision

BENITEZ vs. LA FITNESS INTERNATIONAL, LIBERTY MUTUAL

Filed: Apr 28, 2017
Anaheim
ADJ8661513

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to rescind the award of costs against the lien claimant, Tri-City Health Group. The WCAB affirmed the disallowance of Tri-City's lien due to the untimely filing, as the 18-month statute of limitations under Labor Code section 4903.5(a) was exceeded. The Board found the lien barred because the last date of service was May 1, 2014, and the lien was filed over two years later, on November 22, 2016. The WCAB also noted it lacks the authority to declare statutes unconstitutional, rejecting Tri-City's vagueness challenge.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to rescind the award of costs against the lien claimant, Tri-City Health Group. The WCAB affirmed the disallowance of Tri-City's lien due to the untimely filing, as the 18-month statute of limitations under Labor Code section 4903.5(a) was exceeded. The Board found the lien barred because the last date of service was May 1, 2014, and the lien was filed over two years later, on November 22, 2016. The WCAB also noted it lacks the authority to declare statutes unconstitutional, rejecting Tri-City's vagueness challenge.

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BENITEZ vs. LA FITNESS INTERNATIONAL, LIBERTY MUTUAL (2017) – Anaheim | CompFox