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The Workers' Compensation Appeals Board granted reconsideration, rescinded the judge's decision, and returned the case for further proceedings. The judge had disallowed a lien claimant's services from March 19, 1999, to April 14, 2007, finding it barred by the statute of limitations under Labor Code §4903.5(a). The Board disagreed, noting that the claimant continued to provide treatment and receive payments over a twelve-year period, and that the "date services were provided" in the context of ongoing treatment refers to the last date of service. The Board found the defendant's interpretation would create a statute of limitations for each individual date of treatment, which is not supported by the statute's wording and would lead to an impractical flood of liens.
Full Decision Text1 Pages
Here's a summary for a lawyer:
The Workers' Compensation Appeals Board granted reconsideration, rescinded the judge's decision, and returned the case for further proceedings. The judge had disallowed a lien claimant's services from March 19, 1999, to April 14, 2007, finding it barred by the statute of limitations under Labor Code §4903.5(a). The Board disagreed, noting that the claimant continued to provide treatment and receive payments over a twelve-year period, and that the "date services were provided" in the context of ongoing treatment refers to the last date of service. The Board found the defendant's interpretation would create a statute of limitations for each individual date of treatment, which is not supported by the statute's wording and would lead to an impractical flood of liens.
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