Home/Case Law/DAVID YEREMYAN vs. COMFORT KEEPERS, INSURANCE COMPANY OF THE WEST
Regular DecisionReconsideration

DAVID YEREMYAN vs. COMFORT KEEPERS, INSURANCE COMPANY OF THE WEST

Filed: Dec 24, 2019
Van Nuys
ADJ10711762 ADJ10901794

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration of a WCJ's decision that a lien claimant's Labor Code section 4903.8(d) declaration required a "wet signature" for validity. The Board found that an electronically signed declaration, submitted via JET filing, meets legal requirements and is attributable to the signatory. Therefore, the lien claimant's declaration was deemed validly filed on the date of electronic submission, not when the "wet signature" was later provided. The case was remanded to the trial level for further proceedings on the statute of limitations issue.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration of a WCJ's decision that a lien claimant's Labor Code section 4903.8(d) declaration required a "wet signature" for validity. The Board found that an electronically signed declaration, submitted via JET filing, meets legal requirements and is attributable to the signatory. Therefore, the lien claimant's declaration was deemed validly filed on the date of electronic submission, not when the "wet signature" was later provided. The case was remanded to the trial level for further proceedings on the statute of limitations issue.

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DAVID YEREMYAN vs. COMFORT KEEPERS, INSURANCE COMPANY OF THE WEST (2019) – Van Nuys | CompFox