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The Workers' Compensation Appeals Board granted reconsideration for lien claimant Summit Surgical Center (SSC) and rescinded the imposed $$2,000.00$ sanction, finding SSC was not provided adequate notice of the basis for the sanction under Labor Code section 5813. However, the Board affirmed the decision that SSC's lien claim was untimely filed under Labor Code section 4903.5, as it was filed more than five years after the injury and nearly four years after the settlement approval, and the partial payment did not toll the statute of limitations. Therefore, SSC will take nothing further on its lien claim.
Alma Pena vs. HYE CUISINE, INC., FARMERS INSURANCE EXCHANGE is a workers' compensation case decided in San Francisco. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in San Francisco.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration for lien claimant Summit Surgical Center (SSC) and rescinded the imposed $$2,000.00$ sanction, finding SSC was not provided adequate notice of the basis for the sanction under Labor Code section 5813. However, the Board affirmed the decision that SSC's lien claim was untimely filed under Labor Code section 4903.5, as it was filed more than five years after the injury and nearly four years after the settlement approval, and the partial payment did not toll the statute of limitations. Therefore, SSC will take nothing further on its lien claim.
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