CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration and reversed the finding that Dr. Moskowitz's lien was time-barred. The Board found that the defendant insurer (SCIF) had notice of the lien under former Labor Code section 4904 and failed to serve the lien claimant with the Order Approving Compromise and Release (OACR). This failure to serve tolled the statute of limitations, making the lien timely filed. A dissenting opinion argued that former Labor Code section 4904 did not apply to medical provider liens, thus SCIF lacked proper notice and the lien was barred.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration and reversed the finding that Dr. Moskowitz's lien was time-barred. The Board found that the defendant insurer (SCIF) had notice of the lien under former Labor Code section 4904 and failed to serve the lien claimant with the Order Approving Compromise and Release (OACR). This failure to serve tolled the statute of limitations, making the lien timely filed. A dissenting opinion argued that former Labor Code section 4904 did not apply to medical provider liens, thus SCIF lacked proper notice and the lien was barred.
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