Home/Case Law/OSVALDO TRASVINA vs. DUTKO HARWOOD FLOORS, CALIFORNIA INDEMNITY, GAB ROBINS
Regular DecisionReconsideration

OSVALDO TRASVINA vs. DUTKO HARWOOD FLOORS, CALIFORNIA INDEMNITY, GAB ROBINS

Filed: Oct 01, 2008
San Francisco
ADJ1338407; (LBO 340803) ADJ4574334; (LBO 340804) ADJ3948688; (LBO 340805)

CompFox AI Summary

The Workers' Compensation Appeals Board denied reconsideration, affirming the administrative law judge's disallowance of Farwest Diagnostics' $$ 2,969.00$ lien claim. The Board found the lien was time-barred under Labor Code Section 4903.5 as it was filed significantly after the compromise and release approval and outside the statutory time limits. Furthermore, the lien claimant failed to prove they served their claim notice on the defendant insurer or employer in 2003 as required for tolling or application of Section 4904(a).

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied reconsideration, affirming the administrative law judge's disallowance of Farwest Diagnostics' $$ 2,969.00$ lien claim. The Board found the lien was time-barred under Labor Code Section 4903.5 as it was filed significantly after the compromise and release approval and outside the statutory time limits. Furthermore, the lien claimant failed to prove they served their claim notice on the defendant insurer or employer in 2003 as required for tolling or application of Section 4904(a).

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OSVALDO TRASVINA vs. DUTKO HARWOOD FLOORS, CALIFORNIA INDEMNITY, GAB ROBINS (2008) – San Francisco | CompFox