La Fitness International; Liberty Mutual, Jose Benitez, WORKERS’ COMPENSATION APPEALS :BOARDSTATE OF CALIFORNIAJOSE BENITEZ,Applicant,vs.LA FITNESS INTERNATIONAL; LIBERTY MUTUAL, Defendants.Case No. ADJ8661513(Anaheim District Office)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Lien claimant, Tri-City Heal Group, 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 February 7, 2017. In that Order, the WCJ found lien claimant’s lien for services during the· period from October 9, 2012 through May 1, 2014 was barred by the statute of limitations pursuant to Labor Code. 1 section 4903.5(a), and disallowed lien claimant’s lien. The WCJ also found that defendant, Liberty Mutual Company, is entitled to costs in the amount of$1,056.00. Lien claimant contends that the WCJ erred in finding its lien filed on November 22, 2016 was untimely, arguing that the WCJ should have found that the statutory deadline is three years from the date of services, not 18 months, because it provided services that began before July 1, 2013. Lien claimant also contends that section 4903.5(a) is unconstitutionally vague. Lien claimant further contends it should not be liable for costs because a Petition for Review has been submitted to the California Supreme Court contesting the constitutionality of section 4903.5(a)./// 1 Unless otherwise stated, all further statutory references are to the Labor Code. , We have considered the allegations of the Petition for Reconsideration and the contents of the WCJ’s Report and Recommendation of Workers’ Compensation Administrative Law Judge on Petition for Reconsideration (Report). No answer was received. Based on our review of the record, and for the reasons stated in herein, we will grant reconsideration of the February
Jose Benitez, vs. La Fitness International; Liberty Mutual,
This case involves a lien claimant, Tri-City Health Group, who sought reconsideration of a decision by a workers' compensation administrative law judge (WCJ) that their lien for services provided from October 9, 2012 to May 1, 2014 was barred by the statute of limitations. The WCAB granted reconsideration and rescinded the finding that lien claimant was liable for defendant's costs, but affirmed the February 7, 2017 Findings and Order in all other respects. The WCAB found that the lien claimant had a reasonable period of time, i.e., 18 months after the last date of service, to file its lien, and that because the lien claim was filed on November 22, 2016, over two years and
- Filed On:
- Court: Anaheim, California
- Case No. ADJ8661513
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