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The Workers' Compensation Appeals Board (WCAB) granted reconsideration, rescinded the prior decision, and found that Access Mediquip's lien was not barred by Labor Code section 4903.5. The Board reasoned that the defendant had sufficient notice of the lien claim before the Compromise and Release (C&R) and failed to serve the lien claimant with the C&R. This lack of notice tolled the statute of limitations, allowing the lien to proceed to a merits determination. The case was returned to the trial level for further proceedings.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) granted reconsideration, rescinded the prior decision, and found that Access Mediquip's lien was not barred by Labor Code section 4903.5. The Board reasoned that the defendant had sufficient notice of the lien claim before the Compromise and Release (C&R) and failed to serve the lien claimant with the C&R. This lack of notice tolled the statute of limitations, allowing the lien to proceed to a merits determination. The case was returned to the trial level for further proceedings.
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