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The Workers' Compensation Appeals Board denied a lien claimant's petition for reconsideration, upholding a finding that their lien was barred by the statute of limitations under Labor Code section 4903.5(a). The Board determined that the 18-month filing deadline applied because the claimant's last date of service was after July 1, 2013, and the lien was filed approximately twenty months after that date. The Board rejected the claimant's argument that a three-year limit should apply due to continuous service before and after July 1, 2013, citing precedent establishing the last date of service as the relevant date for the statute of limitations. Commissioner Sweeney dissented, arguing that the three-year period should apply to continuous service before and after the July 1, 2013 date to avoid requiring multiple lien filings.
MIGUEL CERDA vs. LIVING OPPORTUNITIES MANAGEMENT COMPANY, UNITED STATES FIRE INSURANCE COMPANY is a workers' compensation case decided in . This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in .
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied a lien claimant's petition for reconsideration, upholding a finding that their lien was barred by the statute of limitations under Labor Code section 4903.5(a). The Board determined that the 18-month filing deadline applied because the claimant's last date of service was after July 1, 2013, and the lien was filed approximately twenty months after that date. The Board rejected the claimant's argument that a three-year limit should apply due to continuous service before and after July 1, 2013, citing precedent establishing the last date of service as the relevant date for the statute of limitations. Commissioner Sweeney dissented, arguing that the three-year period should apply to continuous service before and after the July 1, 2013 date to avoid requiring multiple lien filings.
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