Home/Case Law/Fernando Calderon vs. Matharu Assisted Living, State Compensation Insurance Fund
Regular DecisionReconsideration

Fernando Calderon vs. Matharu Assisted Living, State Compensation Insurance Fund

Filed: Sep 10, 2019
ADJ3110881

CompFox AI Summary

This case concerns a lien claimant's failure to timely file a declaration required by Labor Code section 4903.8(d). Although the lien was filed before the statute's effective date, the declaration was submitted over four and a half years late, well after the statutory deadline of January 1, 2014. The Appeals Board affirmed the WCJ's decision to deny the lien, finding the delay constituted unjustifiable delay and laches. The Board also found the lien claimant waived any objection to the issue bifurcation by failing to raise it before reconsideration.

Full Decision Text1 Pages

This case concerns a lien claimant's failure to timely file a declaration required by Labor Code section 4903.8(d). Although the lien was filed before the statute's effective date, the declaration was submitted over four and a half years late, well after the statutory deadline of January 1, 2014. The Appeals Board affirmed the WCJ's decision to deny the lien, finding the delay constituted unjustifiable delay and laches. The Board also found the lien claimant waived any objection to the issue bifurcation by failing to raise it before reconsideration.

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