Home/Case Law/LUIS MASAYA vs. BRAVO JANITORIAL SERVICES, NORGUARD INSURANCE COMPANY, GUARD INSURANCE WILKES BARRE
Regular DecisionReconsideration

LUIS MASAYA vs. BRAVO JANITORIAL SERVICES, NORGUARD INSURANCE COMPANY, GUARD INSURANCE WILKES BARRE

Filed: Oct 17, 2017
Marina Del Rey
ADJ8772675

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration, rescinding a prior award of attorney's fees and sanctions against lien claimant Mednet, Inc. While Mednet's lien was indeed untimely under Labor Code section 4903.5, the Board found their pursuit of the lien was not frivolous or in bad faith. This decision was based on the lack of binding precedent regarding the statute of limitations at the time of trial and a good-faith belief in their claim's validity. Consequently, the defendant is not entitled to attorney's fees and sanctions.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration, rescinding a prior award of attorney's fees and sanctions against lien claimant Mednet, Inc. While Mednet's lien was indeed untimely under Labor Code section 4903.5, the Board found their pursuit of the lien was not frivolous or in bad faith. This decision was based on the lack of binding precedent regarding the statute of limitations at the time of trial and a good-faith belief in their claim's validity. Consequently, the defendant is not entitled to attorney's fees and sanctions.

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