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The Workers' Compensation Appeals Board rescinded a prior decision finding a medical lien invalid due to an issue with the declarant's competency. The Board found that the initial declaration under penalty of perjury, while conforming to statutory language, was deemed invalid by the trial judge solely because the declarant was not an employee of the lien claimant. However, the Board determined the record lacked sufficient evidence to establish the declarant's incompetence and that the defendant did not adequately demonstrate their efforts to present this witness at trial. Therefore, the case is remanded for further proceedings to address the admissibility of an amended declaration and to properly litigate the declarant's competency and its impact on the lien's validity.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board rescinded a prior decision finding a medical lien invalid due to an issue with the declarant's competency. The Board found that the initial declaration under penalty of perjury, while conforming to statutory language, was deemed invalid by the trial judge solely because the declarant was not an employee of the lien claimant. However, the Board determined the record lacked sufficient evidence to establish the declarant's incompetence and that the defendant did not adequately demonstrate their efforts to present this witness at trial. Therefore, the case is remanded for further proceedings to address the admissibility of an amended declaration and to properly litigate the declarant's competency and its impact on the lien's validity.
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