CompFox AI Summary
The Workers' Compensation Appeals Board affirmed the disallowance of the Center for Orthopedic Surgery's (COS) lien for unpaid medical treatment. COS provided treatment in 2001, received a partial payment from the insurer, Paula Insurance, and later filed a lien claim in 2011. The Board found the lien claim was barred by the statute of limitations under Labor Code Section 4903.5, which dictates specific filing deadlines after injury, service, or case resolution. Arguments for equitable tolling or estoppel were rejected, as COS unreasonably delayed filing its lien for nearly nine years after the insurer's partial payment.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board affirmed the disallowance of the Center for Orthopedic Surgery's (COS) lien for unpaid medical treatment. COS provided treatment in 2001, received a partial payment from the insurer, Paula Insurance, and later filed a lien claim in 2011. The Board found the lien claim was barred by the statute of limitations under Labor Code Section 4903.5, which dictates specific filing deadlines after injury, service, or case resolution. Arguments for equitable tolling or estoppel were rejected, as COS unreasonably delayed filing its lien for nearly nine years after the insurer's partial payment.
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