LOC TRAN vs. VIET NGUYEN TRUCKING CO., AMERICAN ALL RISK LOSS ADMINISTRATORS

The Workers' Compensation Appeals Board granted reconsideration, rescinding the prior order that disallowed a lien claim. The Board found that the statute of limitations for the lien claim might be tolled because the defendant failed to serve the lien claimant with the Compromise and Release agreement. The case is returned to the trial level to determine if the lien claimant provided proper written notice of its claim to the defendant prior to the settlement, which would necessitate compliance with notice rules and potentially toll the statute of limitations.