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The Workers' Compensation Appeals Board denied a lien claimant's petition for reconsideration, upholding the dismissal of its lien. The WCJ correctly found the lien barred by the statute of limitations under Labor Code § 4903.5(a), as it was filed over four years after the last date of service, exceeding the three-year limit established by recent amendments. The Board affirmed that the amended statute applies retroactively to pending cases, and the lien claimant failed to file within the statutory window. Therefore, the lien was properly disallowed due to untimeliness.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied a lien claimant's petition for reconsideration, upholding the dismissal of its lien. The WCJ correctly found the lien barred by the statute of limitations under Labor Code § 4903.5(a), as it was filed over four years after the last date of service, exceeding the three-year limit established by recent amendments. The Board affirmed that the amended statute applies retroactively to pending cases, and the lien claimant failed to file within the statutory window. Therefore, the lien was properly disallowed due to untimeliness.
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