California Department Of Corrections; State Compensation Insurance Fund, Fernando Serrato, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAFERNANDO SERRATO,Applicant,vs.CALIFORNIA DEPARTMENT OF CORRECTIONS; STATE COMPENSATION INSURANCE FUND,Defendants.Case No. ADJ7152410(Riverside District Office)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Lien claimant, Advance Care Specialist Medical Clinic, through its representative, Innovative Medical Management (IMM) (collectively, “lien claimant”), seeks reconsideration of the Findings and Order issued by a workers’ compensation administrative law judge (WCJ) on January 30, 2017. In that Order, the WCJ found lien claimant’s lien for services during the period from February 17, 2010 through September 30, 2011 was barred by the statute of limitations pursuant to Labor Code 1 section 4903.5(a), and dismissed lien claimant’s lien. Lien claimant contends that the WCJ erred in finding its lien filed on March 21, 2016 was untimely, arguing that the WCJ should have found that the statutory deadline is determined by the 2011 version of section 4903.5.2 Lien claimant also argues that the self-procured treatment by applicant did not violate defendant’s medical provider network. 1 Unless otherwise stated, all further statutory references are to the Labor Code.2 Prior to its January 1, 2013 amendment, section 4903.S(a) provided as follows: “No lien claim for expenses as provided in subdivision (b) of Section 4903 may be filed after six months from the date on which the appeals board or a workers’ compensation administrative Jaw judge issues a final decision, findings, order, including an order approving compromise and release, or award, on the merits of the claim, after five years from the date of the injury for which the services were provided, or after one year from the date the services were provided, whichever is later.” , We have considered the allegations of the Petition for Recons
Fernando Serrato, vs. California Department Of Corrections; State Compensation Insurance Fund,
This case involves a lien claimant, Advance Care Specialist Medical Clinic, represented by Innovative Medical Management, who sought reconsideration of a workers' compensation administrative law judge's (WCJ) order that their lien for services from February 17, 2010 to September 30, 2011 was barred by the statute of limitations. The WCAB denied the lien claimant's petition for reconsideration, finding that the lien was filed four and a half years after the last date of service, and thus was barred by the statute of limitations set forth in Labor Code section 4903.5(a). The WCAB also rejected the lien claimant's contention that the new law could not be applied retroactively, as they had been given a reasonable time in which
- Filed On:
- Court: California, Riverside
- Case No. ADJ7152410
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