CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration to lien claimants Technical Surgical Support and Comprehensive Outpatient Surgery Center. The WCJ had disallowed their liens because their Labor Code section 4903.8(d) declarations were filed untimely and not considered part of the record. The Board found that while the declarations were indeed filed late, the liens themselves were filed before January 1, 2013, predating a stricter WCAB rule. The Board rescinded the WCJ's order, returning the case for further proceedings to allow the defendant to examine the declarant and for a merits-based consideration of the liens.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration to lien claimants Technical Surgical Support and Comprehensive Outpatient Surgery Center. The WCJ had disallowed their liens because their Labor Code section 4903.8(d) declarations were filed untimely and not considered part of the record. The Board found that while the declarations were indeed filed late, the liens themselves were filed before January 1, 2013, predating a stricter WCAB rule. The Board rescinded the WCJ's order, returning the case for further proceedings to allow the defendant to examine the declarant and for a merits-based consideration of the liens.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.